The status of Financial Creditor cannot be accorded to a person who, in the garb of a lender comes in a Real Estate Project as a Speculative Investor and for mere recovery of monies files exorbitant claims – Mr. Rohit Prasad Vs. M/s S and N Lifestyle Infraventures Pvt. Ltd. – NCLT New Delhi Bench Court-V

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No insolvency can be initiated against Personal Guarantor of NBFC/Financial Service Providers(FSP), if the concerned NBFC/FSP does not fall within the category of FSP Threshold Notification issued under Section 227 of IBC i.e. not having assets size of Rs. 500 cores or more – Rekha Singh Vs. Shapoorji Pallonji Finance Pvt. Ltd. – NCLT Jaipur Bench

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The mortgages, transactions or transfers are made during the pendency of the Income Tax proceedings, then all such transfers, mortgages, transactions are void under Section 281 of the Income Tax Act and any such mortgage or attachment made by the Bank during the pendency of the Income tax proceedings, cannot be a ground to claim priority based on the provisions of the SARFAESI Act or DRT Act – Janata Sahakari Bank Ltd. Vs. Tax Recovery Officer VII, Income Tax Department – Madras High Court

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