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2021 (1) TMI 1238 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial creditors - existence of debt and dispute or not - HELD THAT:- The petitioner has failed to establish that the Unsecured Loan he has granted falls within the scope of “Financial Debt” in the absence of any Loan Agreement/board Resolution setting out the terms & conditions of the agreement. Also, we shall not go into the question of whether any amount is due from the Corporate Debtor to the Petitioner or not here and shall only limit us to the issue that whether the petitioner has fulfilled the characteristics of a “Financial Creditor” as defined under Section 7 of the Code or not. Due to the insufficient evidence/documents provided by the petitioner in the present case, this application is hereby rejected.
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