https://www.taxtmi.com/caselaws?id=399287 A real estate allottee's refund claim was analysed as financial debt under the Insolvency and Bankruptcy Code, with the amount paid to the developer treated as money advanced in the project and carrying the commercial effect of borrowing; the attempt to characterise it outside Section 5(8)(f) was rejected. The refund letter dated 25.01.2019 was examined against the definition of decree and was not regarded as a decree because it did not involve formal adjudication conclusively determining rights in controversy. The matter was then deferred because the same subject matter was pending before the Supreme Court with a status quo direction, so no final merits determination was recorded. en-us Mon, 27 Jan 2020 00:00:00 +0530 Wed, 07 Oct 2020 18:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=399287 A real estate allottee's refund claim was analysed as financial debt under the Insolvency and Bankruptcy Code, with the amount paid to the developer treated as money advanced in the project and carrying the commercial effect of borrowing; the attempt to characterise it outside Section 5(8)(f) was rejected. The refund letter dated 25.01.2019 was examined against the definition of decree and was not regarded as a decree because it did not involve formal adjudication conclusively determining rights in controversy. The matter was then deferred because the same subject matter was pending before the Supreme Court with a status quo direction, so no final merits determination was recorded. Case-Laws Insolvency and Bankruptcy Mon, 27 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=399287