Whether the Appellant is a secured creditor or not, is a question of fact and it can be decided by the Resolution Professional and any decision further can be taken by the CoC. The NCLT or NCLAT cannot sit over the decision of the Resolution Professional or CoC in this regard – Dhananjay Pralhad Salunkhe Patil Vs. New Phaltan Sugar Works Ltd. – NCLAT New Delhi

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If any Public depositor applies showing due of the debt claiming itself as operational creditor and the Resolution Professional or the Tribunal do not accept the claim on the ground that they are not financial creditor, we allow the appellant to raise the question before the Tribunal and if any adverse decision is given by the Tribunal, it will be open to the appellant to raise the issue before NCLAT- Hind Motors India Ltd. Vs. Adjudicating Authority NCLT, Chandigarh – NCLAT New Delhi

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