Deed of Hypothecation amounts to guarantee u/s. 5(8) of IBC: Supreme Court

China Development Bank Vs Doha Bank Q.P.S.C. & Ors. (Supreme Court of India) Supreme Court held that Deed of Hypothecation amounts to guarantee in terms of section 5(8) of the Insolvency and Bankruptcy Code, 2016 [IBC]. Accordingly, appeal allowed. Facts- 1st respondent-Doha Bank claims to be a direct lender and secured Financial Creditor of Reliance Infratel Limited (RITL or the Corporate Debtor). A Corporate Insolvency Resolution Process (CIRP) was initiated by the adjudicating authority (NCLT) in respect of RITL-Corporate Debtor at the instance of Ericsson India Private Limited, and the...