Legal Question in Banking Law in India

Whether mortgages created by a company which are not registered with ROC are void and unenforceable?


Asked on 10/28/11, 2:47 am

1 Answer from Attorneys

Eashwar Prasad Gururaj Joshi & Co.,

As per Sec.125 of Companies Act, such charges are not binding upon the official liquidator/other creditors, but, it is binding upon the company creating the charge

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Answered on 10/28/11, 2:49 am


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