https://www.taxtmi.com/caselaws?id=408021 Possession of Tower-B was held to remain with the corporate debtor during CIRP, so the creditor in SARFAESI possession was directed to hand it over to the resolution professional. The claim based on the loan transaction, escrow routing, adjustment against earlier liabilities, guarantee deed, and mortgage documentation was treated as financial debt because the documentary trail established a guaranteed borrowing under the insolvency framework. The resolution professional was required to examine claimant-produced material and not rely only on the corporate debtor's internal records where the debt was otherwise supported on record. The creditor was to be admitted as a committee of creditors member in accordance with its voting share. en-us Thu, 20 May 2021 00:00:00 +0530 Sat, 29 May 2021 08:29:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=408021 Possession of Tower-B was held to remain with the corporate debtor during CIRP, so the creditor in SARFAESI possession was directed to hand it over to the resolution professional. The claim based on the loan transaction, escrow routing, adjustment against earlier liabilities, guarantee deed, and mortgage documentation was treated as financial debt because the documentary trail established a guaranteed borrowing under the insolvency framework. The resolution professional was required to examine claimant-produced material and not rely only on the corporate debtor's internal records where the debt was otherwise supported on record. The creditor was to be admitted as a committee of creditors member in accordance with its voting share. Case-Laws Insolvency and Bankruptcy Thu, 20 May 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=408021