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    <title>2025 (11) TMI 1453 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI</title>
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    <description>NCLAT held that the transaction between the appellant and the corporate debtor, arising from an MoU for joint development of land, was in the nature of a development/joint venture arrangement and not a &quot;financial debt&quot; under the IBC. The amounts advanced by the appellant were found to be project-related payments towards acquisition and development of plots, with shared rights in the developed area, rather than a loan or financial facility carrying time value of money. Consequently, the Section 7 application for initiation of CIRP was rightly rejected by the Adjudicating Authority. The appeal was dismissed, with NCLAT clarifying that dismissal does not affect the appellant&#039;s right to pursue its pending commercial suit before the HC for monetary recovery.</description>
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    <pubDate>Fri, 21 Nov 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=781985</link>
      <description>NCLAT held that the transaction between the appellant and the corporate debtor, arising from an MoU for joint development of land, was in the nature of a development/joint venture arrangement and not a &quot;financial debt&quot; under the IBC. The amounts advanced by the appellant were found to be project-related payments towards acquisition and development of plots, with shared rights in the developed area, rather than a loan or financial facility carrying time value of money. Consequently, the Section 7 application for initiation of CIRP was rightly rejected by the Adjudicating Authority. The appeal was dismissed, with NCLAT clarifying that dismissal does not affect the appellant&#039;s right to pursue its pending commercial suit before the HC for monetary recovery.</description>
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