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VINAY SONPAL LL.M. SENIOR ADVOCATE BOMBAY

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Mumbai, Maharashtra, India
I am Senior Advocate High Court Bombay

29 Aug 2020

Obligation to pledge shares is not financial debt.

  Any transaction between a party and the Corporate Debtor, for pledge of   shares would not fall within the concept of guarantee and indemnity so as to bring it within the meaning of financial debt entitling the party to be treated as financial creditor.National Company Law Appellate Tribunal in case of M/s. Vistara ITCL (India) Ltd. &Ors.  Versus Mr. DinkarVenkatasubramanian&Ors. 

https://ibbi.gov.in//uploads/order/759f637ce0780d430c7d3f4d2caff3d9.pdf