was also made on 30.06.2014. Transfer of interest in the property having already taken place on 30.06.2014 by the term loan agreement which reduces the terms of the bargain in writing, no further transfer could be made by Document No. 8 on the next date. Deposit accompanied by an actual written charge in the term loan agreement creates the mortgage on 30.06.2014 itself and the document is compulsorily registrable. No evidence that is legal has been adduced by the applicant to show that money has been disbursed to the Corporate Debtor which is repayable with or without interest. 10. It is also stated that no consideration has passed from the Financial Creditor to the Corporate Debtor for the promissory note. No evidence to show that the amount of Rs. 10 Crores has been disbursed to the respondent under the promissory note. In the absence of any evidence to the effect that the amount covered under the promissory note has been disbursed merely because of the promissory note, it cannot be taken as a debt. No demand has been made by the applicant for the amount covered under the promissory note, which itself shows that no separate amount has been disbursed. 11. The Corporate Debtor also stated that there is no Debtor Creditor relationship between the Financial Creditor and Corporate Debtor. There is no undertaking to repay the amount with interest within the specified period and hence there is no default. On the basis of documents which are not enforceable in law, the Financial Creditor cannot claim to owe ‘Financial Debt’ from the ‘Corporate Debtor’ and thereby cannot be claimed to be a ‘Financial Creditor’ as defined under Section 5(7) and (8) of the Insolvency and Bankruptcy Code, 2016. Though the Financial Creditor had given money to the Corporate Debtor, there is no undertaking to repay the amount by the Corporate Debtor nor is there any agreement for payment of interest. 12. It is further stated that the application filed by the Financial Creditor under Section 7 of the IBC is not complete as it is not supported by the documents mandated under the IBC, especially under Section 7. The Financial Creditor submits that as per Section 7(3), the Financial Creditor shall furnish a 'record of the default' recorded with the information utility or such other document that may be specified. At present, to the knowledge of the Corporate Debtor, there is no other alternative documents specified and,
