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    <title>Appellant Not Recognized as Financial Creditor Under IBC for Brokerage Fees and Flat Booking Adjustments</title>
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    <description>The NCLAT upheld the rejection of the appellant&#039;s claim to be recognized as a financial creditor, affirming that the appellant&#039;s payments were either brokerage fees or adjustments against flat bookings rather than disbursements constituting financial debt. The appellant had only deposited Rs. 2,00,000 towards a flat booking which was later cancelled, and no actual payment was made for the flats allotted under the Builder Buyer Agreement. The appellant&#039;s prior status as an operational creditor remained unchanged throughout the CIRP. The tribunal found no error in the IRP&#039;s or Adjudicating Authority&#039;s decision, as the appellant failed to demonstrate any financial debt or lending arrangement. Consequently, both appeals were dismissed, confirming that the appellant cannot be treated as a financial creditor under the Insolvency and Bankruptcy Code.</description>
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    <pubDate>Wed, 13 Aug 2025 07:27:33 +0530</pubDate>
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      <title>Appellant Not Recognized as Financial Creditor Under IBC for Brokerage Fees and Flat Booking Adjustments</title>
      <link>https://www.taxtmi.com/highlights?id=91535</link>
      <description>The NCLAT upheld the rejection of the appellant&#039;s claim to be recognized as a financial creditor, affirming that the appellant&#039;s payments were either brokerage fees or adjustments against flat bookings rather than disbursements constituting financial debt. The appellant had only deposited Rs. 2,00,000 towards a flat booking which was later cancelled, and no actual payment was made for the flats allotted under the Builder Buyer Agreement. The appellant&#039;s prior status as an operational creditor remained unchanged throughout the CIRP. The tribunal found no error in the IRP&#039;s or Adjudicating Authority&#039;s decision, as the appellant failed to demonstrate any financial debt or lending arrangement. Consequently, both appeals were dismissed, confirming that the appellant cannot be treated as a financial creditor under the Insolvency and Bankruptcy Code.</description>
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      <pubDate>Wed, 13 Aug 2025 07:27:33 +0530</pubDate>
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