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2022 (1) TMI 63 - NATIONAL COMPANY LAW TRIBUNAL , CHENNAI BENCHRejection of claim made by the Respondent/RP - seeking to allow the claim of the Applicant together with interest from 01.04.2019 till the date of payment - claim rejected on the ground that the Applicant does not qualify to be a 'financial creditor' in respect of the Corporate Debtor - HELD THAT:- In order for the claim to satisfy as a 'financial debt' it has to fall within the definitions stipulated under Section 5(8)(a) to (i) of IBC, 2016 as extracted supra. As to the present case, it is seen that the Applicant claims to be a Del Credere Agent for a third party/mill owners and for the supplies made by such third party/mill owners to the Corporate Debtor, the Applicant pays the money on behalf of the Corporate Debtor to such third party/mill owners - the Learned Counsel for the Applicant stated that since the Applicant has paid money on behalf the Corporate Debtor for the goods supplied by the mill owners, it is implied that he is a financial creditor. The said contention of the Learned Counsel for the Applicant is required to be brushed aside in view of the fact that the claim of the Applicant, in the absence of any legally binding agreement between the parties, is not falling under any of the category stipulated under Section 5(8)(a) to (i) of IBC, 2016 in order to qualify as a 'financial creditor'. It is seen that the Applicant has preferred the present Application before this Tribunal only on 25.08.2021 and has also failed to explain such enormous delay of 12 months in filing the present application. Even though liberty was granted for the Applicant to file a fresh Application, the Applicant has been keeping silent and sleeping over a period of one year and only at the fag end of CIRP when the Resolution Plan in respect of the Corporate Debtor is in the offing and after the same was approved by the CoC, the Applicant has preferred the present Application, which in any case, is devoid of any merits. The order passed by the RP rejecting the claim of the Applicant is free from all legal infirmities and does not warrant interference of this Adjudicating Authority - application dismissed.
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