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2019 (12) TMI 1512 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHINon-speaking order - unsecured financial creditor or not - HELD THAT:- The ‘Resolution Professional’ and the ‘Committee of Creditors’ noticed that the Appellant’s claim of ‘Secured Creditor’ rests on movable properties and not on any immoveable properties as there is no security interest on immovable properties and pledge in respect of immoveable properties cannot be claimed. The ‘Resolution Professional’ and the ‘Committee of Creditors’ held that the Appellant - ‘Financial Creditor’ is not a ‘secured creditor’. Whether the Appellant is a ‘secured creditor’ or not, is a question of fact and it can be decided by the ‘Resolution Professional’ and any decision further can be taken by the ‘Committee of Creditors’. The Adjudicating Authority (National Company Law Tribunal) or ‘National Company Law Appellate Tribunal’ cannot sit over the decision of the ‘Resolution Professional’ or ‘Committee of Creditors in this regard. Appeal dismissed.
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