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2019 (9) TMI 1570 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - home buyers - dues of home buyers i.e. Real Estate (Residential) - Financial debt or not - existence of debt and dispute or not - Section 5(8) (f) of I B Code - HELD THAT - Clause (8) of Section 5 of the Code has been amended by the Insolvency and Bankruptcy (amendment) Ordinance 2018 with effect from 6th June 2018. In view of the revised definition at Clause 8(f) any amount raised from an allottee under a real estate project is deemed to be an amount having the commercial effect of a borrowing and thus is covered by the definition of Financial Debt under the Code. Definition of Financial Debt has been amended to specifically include dues of home buyers i.e. Real Estate (Residential). The amendment also recognizes home buyers as Financial Creditor . Accordingly the home buyers can initiate Corporate Insolvency Resolution Process against defaulting builder or developer as Financial Creditor in terms of Explanation to Section 5(8) (f) of the Code with effect from 06.06.2018. Therefore petitioner being a financial creditor can invoke Corporate Insolvency Resolution Process under Section 7 of the Code against the respondent Corporate Debtor in case of default in repayment of financial debt. The Corporate Debtor has committed default in repayment of the outstanding financial debt which exceeds the statutory limit of rupees One Lakh. Thus the application warrants admission as it is complete in all respects. This Bench orders restoration of the name of the Corporate Debtor Company in the Register of RoC - Application admitted - moratorium declared.
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