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    <title>2021 (12) TMI 155 - NATIONAL COMPANY LAW TRIBUNAL , MUMBAI BENCH</title>
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    <description>The Tribunal held that GVFL Trustee Company Pvt Ltd did not qualify as a Financial Creditor under the IBC 2016 as it was a shareholder, not a lender. The debt claimed by GVFL was not considered a Financial Debt under the IBC 2016 as it was an investment in shares, not a loan. The Section 7 Petition filed by GVFL against Hubtown Limited was deemed not maintainable as the rights exercised were typical shareholder rights, not those of a Financial Creditor. Consequently, the Tribunal dismissed the Company Petitions filed by GVFL under Section 7 of the IBC as not maintainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=415389</link>
      <description>The Tribunal held that GVFL Trustee Company Pvt Ltd did not qualify as a Financial Creditor under the IBC 2016 as it was a shareholder, not a lender. The debt claimed by GVFL was not considered a Financial Debt under the IBC 2016 as it was an investment in shares, not a loan. The Section 7 Petition filed by GVFL against Hubtown Limited was deemed not maintainable as the rights exercised were typical shareholder rights, not those of a Financial Creditor. Consequently, the Tribunal dismissed the Company Petitions filed by GVFL under Section 7 of the IBC as not maintainable.</description>
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