JUDGMENT :

ABHAY S. OKA, J.

1. These appeals take exception to the separate impugned judgments and orders dated 7th October 2021 and 29th October 2021 passed by the National Company Law Appellate Tribunal (for short ‘the NCLAT’). In Civil Appeal No. 1143 of 2022, the issue involved is whether the first respondent is a financial creditor within the meaning of Sub-Section (7) of Section 5 of the Insolvency and Bankruptcy Code, 2016 (for short ‘the IBC’). The corporate debtor, in this case, is M/s. Mount Shivalik Industries Limited. The impugned judgment and order dated 7th October 2021 holds that the first respondent is a financial creditor. As far as Civil Appeal Nos. 6991-6994 of 2022 are concerned, the issue is whether the 1st to 4th respondents therein are financial creditors of the same corporate debtor-M/s. Mount Shivalik Industries Limited. The impugned judgment dated 29th October 2021 follows the impugned judgment in Civil Appeal No. 1143 of 2022.

FACTUAL ASPECTS

2. A brief reference to the factual aspects of Civil Appeal No. 1143 of 2022 must be made to understand the controversy. There were two agreements of 1st April 2014 and 1st April 2015 between the corporate debtor and t