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    <title>2021 (5) TMI 314 - NATIONAL COMPANY LAW TRIBUNAL , CHENNAI BENCH</title>
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    <description>A high seas sale agreement for import of goods was treated as a commercial import transaction, with title passing while goods were in transit. On that basis, the arrangement could not be re-characterised as a financial arrangement giving rise to a financial debt under the Insolvency and Bankruptcy Code. The applicant therefore could not be regarded as a financial creditor for Section 7 purposes. The existence of a pledge arrangement, loan documents, an arbitral award and later correspondence did not change the character of the underlying transaction, and the Section 7 petition was held not maintainable.</description>
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      <description>A high seas sale agreement for import of goods was treated as a commercial import transaction, with title passing while goods were in transit. On that basis, the arrangement could not be re-characterised as a financial arrangement giving rise to a financial debt under the Insolvency and Bankruptcy Code. The applicant therefore could not be regarded as a financial creditor for Section 7 purposes. The existence of a pledge arrangement, loan documents, an arbitral award and later correspondence did not change the character of the underlying transaction, and the Section 7 petition was held not maintainable.</description>
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