Under Section 5(8) of the IBC, financial debt is defined to mean a debt along with interest, if any, which is disbursed against the consideration for the time value of money. If a loan is disbursed to a company other than corporate debtor, will it still be considered as financial debt?
The disbursal of loan need not necessarily be made to corporate debtor. NCLAT, New Delhi in Rajeev Kumar v M/S Uno Minda India Limited 2024 SCC OnLine NCLAT 28 held that definition of financial debt does not specify that the disbursal of loan must only be made to corporate debtor. Disbursement made to another entity on behalf of or on instructions of corporate debtor would amount to disbursement to corporate debtor since it will be the beneficiary in such scenarios.