The burden of proof to show that any review application pending before High Court is on the Corporate Debtor – M/s Ugro Capital Limited Vs. M/s Bangalore Dehydration and Drying Equipment Co. Pvt. Ltd. (BDDE) – NCLAT New Delhi
It is important to point out that the definition of creditor provided in Sec 5(10) of the I&B Code provides that “Creditor means any person to whom a debt is owed and includes a financial creditor, an operational creditor, a secured creditor, an unsecured creditor and a decreeholder.” Based on the decree of the Court this petition was filed U/S 7 of the Code. Since the definition of word creditor in I&B Code includes decreeholder, therefore if a petition is filed for the realisation of decretal amount, then it cannot be dismissed on the ground that applicant should have taken steps for filing execution case in Civil Court.
