Tribunals and CommissionsDivision Bench(2022) 06 NCLT CK 0772

M/s. Nisus Finance & Investment Managers LLP & Anr vs M/s. Earthcon Universal Infratech Pvt. Ltd.

National Company Law Tribunal · Decided on 17 June 2022

HON’BLE JUDGES
Bachu Venkat Balaram Das, Member (Judicial) · Narender Kumar Bhola, Member (Technical)
CASE NUMBER
New IA-2724/2022 in IB-1348(ND)/2019

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Judgment

2 paragraphs · 147 words

Learned Counsel for the AR of the Home Buyers is present. This application has been moved on behalf of the Authorized Representative of the Home Buyers who are members in class on the CoC of the Corporate Debtor. Through the present application, the Petitioners are seeking directions to the RP to remove Greater Noida Industrial Development Authority from the position of Financial Creditor on the CoC to that of Operational Creditor. In this connection, the Hon'ble Supreme Court in its judgment dated 17.05.2022 has already held that the said authority namely, Greater Noida Industrial Development Authority is an Operational Creditor and not a Financial Creditor in the matters relating to CIRP under the IBC, 2016.

In view of the law as settled by Hon'ble Supreme Court in the aforesaid judgment, the present application is found to be pre-mature as well as insfructuous. Therefore, the same is dismissed.