https://www.taxtmi.com/caselaws?id=422615 The question whether a lessor is a financial creditor under Section 5(8) of the IBC turns on whether the lease involved a disbursement or amounted to a finance/capital lease transferring substantially all risks and rewards incidental to ownership; the court finds no disbursement to the corporate debtor and no transfer of such risks and rewards in the land lease, so the lessor is not a financial creditor. The residuary test in Section 5(8)(f) (commercial effect of borrowing) was also not satisfied on these facts. The lessor was treated as an operational creditor and the appeal is dismissed. en-us Tue, 17 May 2022 00:00:00 +0530 Mon, 09 Feb 2026 16:19:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=422615 The question whether a lessor is a financial creditor under Section 5(8) of the IBC turns on whether the lease involved a disbursement or amounted to a finance/capital lease transferring substantially all risks and rewards incidental to ownership; the court finds no disbursement to the corporate debtor and no transfer of such risks and rewards in the land lease, so the lessor is not a financial creditor. The residuary test in Section 5(8)(f) (commercial effect of borrowing) was also not satisfied on these facts. The lessor was treated as an operational creditor and the appeal is dismissed. Case-Laws IBC Tue, 17 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=422615