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Charge

Anny Jain (ACS) (103 Points)

15 February 2012

A pvt. Ltd. took loan from bank and mortgaged one of its properties alongwith a property of another group co. say B Pvt. Ltd. Both the Cos. filed form 8. The entire amount was paid by A and on receipt of no due certificate from bank it filed its form 17 in September, 2011. However B did not file its form 17.

What is the remedy available for B? Is there any way out apart from filing a petition?

Very urgent. Please help!

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5 Replies

CS Rajveer Rai, Gurgaon (CS) (646 Points)
Replied 15 February 2012

request Bank to issue the same letter with different date which should not be earlier then 30 days.

Anny Jain (ACS) (103 Points)
Replied 15 February 2012

Won't there be any problem because same charge release letter will be issued in 2 different dates? Wont ROC object?

Anny Jain (ACS) (103 Points)
Replied 15 February 2012

wont ROC object? Same charge release letter being issued at different dates?

CS Ankur Srivastava (Company Secretary & Compliance Officer) (17848 Points)
Replied 15 February 2012

No, take NOC from bank at a current date and file form 17.

prakash (Company Secretary) (1352 Points)
Replied 15 February 2012

There won't be any problem since bank has its discreation to issue the release letter in due course need not to be on same day to both the companies, form 17's approval is through state through process, i donot think ROC will have any objection for it, once if upload the form 17 with in minute or so the respective charge details will be remove from the register of MCA..