TMI Blog2019 (7) TMI 1688X X X X Extracts X X X X X X X X Extracts X X X X ..... s already been considered as a Financial Creditor and the Resolution Professional has already submitted the report. Now it is not open to any of the Authority to change the status of NOIDA from the Financial Creditor to any other type of Creditors . However, the Interim Resolution Professional is already directed to examine the claim of the NOIDA, who is the Applicant before the Adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erties Pvt. Ltd. (Corporate Debtor) against the impugned order dated 10th June, 2019 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which reads : The applicant - New Okhla Industrial Development Authority (for brevity NOIDA ) has filed its claim before the Interim Resolution Professional who is supposed to have collated the claim without ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Financial Creditor . On the contrary learned counsel for the applicant-NOIDA has argued that it has to be regarded as Financial Creditor within the meaning of Section 5 (8) (d) of the Code in as much as the amount of any liability in respect of lease/hire purchase agreement and the same is regarded as a finance of capital lease under the Indian Accounting Standards. According to the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready directed to examine the claim of the NOIDA, who is the Applicant before the Adjudicating Authority and no final decision has been taken and the Adjudicating Authority has made it clear that the claim of the NOIDA cannot be rejected on the ground that it is time barred or the claim is by an entity other than the financial Creditor . However, we are not inclined to express any opinion. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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