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2018 (1) TMI 315 - AT - Insolvency and BankruptcyCorporate insolvency process - plea taken by the appellants is that the respondent(s) has filed the application under Section 7 of the I & B Code in the capacity of ‘Trustee’ and not as a ‘Financial Creditor - Held that:- On perusal of the record, we find that in Part-I of Form I, it has been mentioned that the respondent is a ‘Financial Creditor’. Its date of incorporation as financial creditor has been shown as 5th October, 2007 with the identification number as financial creditor. It is true that the respondent is a ‘trustee’ but we find that the respondent is also a company registered under the Companies Act, 1956 and come within the definition of ‘Financial Creditor’ as defined under sub-section (7) read with sub-section (8) of Section 5 of the I & B Code. In view of the fact that the respondent has filed the application in the capacity of the ‘Financial Creditor’ and the application is complete, we find no ground to interfere with the impugned order.
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