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    <title>2026 (2) TMI 438 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI</title>
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    <description>Receivables arising from NABARD refinance were treated as sums held in statutory trust under Section 29 of the NABARD Act, and as third-party assets excluded from the ordinary insolvency estate under the FSP Rules. The refinanced recoveries therefore could not be freely distributed in CIRP. NABARD&#039;s filing of a claim as a financial creditor, while expressly asserting statutory priority, did not amount to waiver or forfeiture of that right, especially where the resolution plan separately earmarked an amount for it. The entitlement to the set-aside amount flowed from the trust character of the receivables and remained enforceable within the approved distribution framework.</description>
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      <link>https://www.taxtmi.com/caselaws?id=786243</link>
      <description>Receivables arising from NABARD refinance were treated as sums held in statutory trust under Section 29 of the NABARD Act, and as third-party assets excluded from the ordinary insolvency estate under the FSP Rules. The refinanced recoveries therefore could not be freely distributed in CIRP. NABARD&#039;s filing of a claim as a financial creditor, while expressly asserting statutory priority, did not amount to waiver or forfeiture of that right, especially where the resolution plan separately earmarked an amount for it. The entitlement to the set-aside amount flowed from the trust character of the receivables and remained enforceable within the approved distribution framework.</description>
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