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Issues: Whether the appellant, on the basis of discounting and transfer of bills of exchange arising from supply transactions, could be treated as a financial creditor under the Insolvency and Bankruptcy Code, 2016, or only as an operational creditor.
Analysis: The claim originated from goods supplied by the operational creditor to the corporate debtor, and the bills of exchange were connected with that supply transaction. The amounts due were reflected as dues for goods and services, and the transfer or assignment of the operational debt did not alter its character. Under Section 5(20) of the Insolvency and Bankruptcy Code, 2016, an assignee or transferee of an operational debt remains an operational creditor to the extent of such assignment. Section 5(21) of the Insolvency and Bankruptcy Code, 2016 defines operational debt in relation to goods or services, and Section 3(37) of the Insolvency and Bankruptcy Code, 2016 limits reliance on meanings from other statutes where the Code itself provides the governing definition.
Conclusion: The appellant was not a financial creditor and could claim only as an operational creditor.