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        Insolvency and Bankruptcy

        2023 (2) TMI 1199 - AT - Insolvency and Bankruptcy

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        Recovery Certificate converts the claim into financial debt, so the claimant cannot insist on homebuyer-class treatment in insolvency. A homebuyer who has already obtained a RERA refund order and a Recovery Certificate cannot insist on claim admission as part of the homebuyer class in ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Recovery Certificate converts the claim into financial debt, so the claimant cannot insist on homebuyer-class treatment in insolvency.

                          A homebuyer who has already obtained a RERA refund order and a Recovery Certificate cannot insist on claim admission as part of the homebuyer class in insolvency. The Tribunal applied the principle that a liability backed by a Recovery Certificate constitutes financial debt, and the certificate holder is therefore a financial creditor. On that basis, the claimant's earlier homebuyer status did not continue for claim-admission purposes, and relief seeking admission in Form CA was rejected. The claim had to be considered in the capacity of a financial creditor, not as a class claim of homebuyers.




                          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.


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                          ActsIncome Tax
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