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2018 (4) TMI 1477 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - whether the applicant does not come within the definition of “Financial Creditor” and the claimed amount is not a “financial debt” and the present application filed under Section 7 of the Code is not maintainable - Held that:- In the present claim there is no whisper of inclusion of any unpaid assured return amount. In the absence of any provision of assured return, it can be said that the investment was not made against the consideration for time value of money and therefore neither the present claim can be termed to be a ‘financial debt’ nor does the applicant come within the meaning of ‘financial creditor’. Once the applicant does not come within the meaning of ‘financial creditor’, he becomes ineligible to file the application under Section 7 of the Code. For the reasons stated above this petition fails and the same stands dismissed as not maintainable.
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