Share Application Money Does Not Fall Under Financial Debt

Where a certain amount was deposited by the Appellant as ‘Share Application Money’, on which no share was allotted and afterwards the principal amount was refunded by the Respondent, the National Company Law Appellate Tribunal (“NCLAT”) has held that such ‘Share Application Money’ cannot be treated as a financial debt, in order to initiate Corporate Insolvency Process (“CIRP”), under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).