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Issues: Whether a homebuyer who has obtained a RERA decree and Recovery Certificate for refund can still be treated as a creditor in a class for the purpose of filing claim in Form CA, or whether such claim must be filed and considered as that of a financial creditor in Form C.
Analysis: The claim arose from a flat purchase in the corporate debtor's project, but the appellants had already obtained an order of refund from the real estate regulator and a Recovery Certificate had been issued. The Tribunal relied on the Supreme Court's interpretation that a liability arising from a Recovery Certificate constitutes a financial debt and that the holder of such certificate is a financial creditor. On that basis, the earlier status as homebuyers in a class did not survive for claim-admission purposes under the insolvency process, and the request to compel admission in Form CA was not accepted.
Conclusion: The appellants could not insist on treatment as homebuyers in a class for filing their insolvency claim and were to be treated as financial creditors; the challenge to the order rejecting Form CA relief failed.
Ratio Decidendi: Once a Recovery Certificate is issued in respect of a claim, the holder becomes a financial creditor, and the claim must be dealt with accordingly rather than as a class claim of homebuyers.