JUDGMENT :

SUDHANSU JYOTI MUKHOPADHAYA, J.

The Appellant, claimed to be ‘Financial Creditor’ filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “I&B Code”) read with Rule 4 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 to initiate ‘Corporate Insolvency Resolution Process’ against Geometrix Insolvency Solutions Private Limited (Respondent).

The Adjudicating Authority (National Company Law Tribunal), Hyderabad Bench, Hyderabad, by impugned order dated 13th March, 2017 in Company Petition (IB)/19/7/HBD/2017 held that the Appellant do not come within the meaning of ‘Financial Creditor’ and failed to satisfy the Adjudicating Authority about requisite ingredients of Section 7 of the “I&B Code” to claim any relief and thereby rejected the application.

2. The case of the Appellant is that loans totalling Rs. 91,47,864/- were advanced by the Appellant to the Respondent in fifty-two transactions between 26th April, 2013 and 9th March, 2015 for the purpose of (a) repaying interest/instalments on bank loans taken by the Respondent so that loans are not defaulted upon or rendered NPA; and (b) ensuring p