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Mar 31, 2021The Supreme Court in the case of Phoenix Arc Pvt. Ltd. v. Ketulbhai Ramubhai Patel[1], has held that if an entity has merely offered security by pledging shares, without undertaking to discharge the liability of the borrower, then the creditor will not qualify as a ‘financial creditor’ under the IBC.
[1] Phoenix Arc Pvt. Ltd. v. Ketulbhai Ramubhai Patel, 2021 SCC OnLine SC 54.
