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Issues: Whether the amount claimed by the appellant constituted a financial debt so as to make it a financial creditor, and whether the resolution professional was justified in rejecting the claim as a financial debt.
Analysis: The claim arose from project agreements and was founded on interest or penal consequences stipulated for alleged default in performance, rather than on a borrowing disbursed against consideration for the time value of money. The statutory definition of financial debt requires an essential element of disbursal against time value of money, and even the residuary limb applies only where the transaction has the commercial effect of borrowing. The arrangement was treated as a business and development transaction with reciprocal obligations, and the stipulated interest operated as compensation or liquidated damages for breach. The time taken by the resolution professional to examine the claim was not treated as illegality, since the verification period under the regulations was directory and the claim itself was lodged after the cut-off date.
Conclusion: The claim was not a financial debt, the appellant was not a financial creditor, and the rejection of the claim by the resolution professional was upheld.