Charge credted in wrong company

MCA 188 views 2 replies

We have created charge in wrong company by mistake now I want to know how can cancel it, as i did not find any form to cancel it. I have tried to call concerned ROC to cancel it from backend but they are not picking the phone I have also send several mails but no reply and no action yet. Can anybody the possible remedy in this matter.

 

Thanks

Replies (2)
Whether the form has been approved ? I don't think that they will approve since the form is in different company name and the bank letter and documents which you must have enclosed must be in different name.. If they have approved then I think you have only one option to file for satisfaction of charges by taking a clearance letter from bank in that company in which you have registered it and then file a new form in different company

First of all form will come in resubmission as documents will differ from company name

But it gets approved then read section 87-

The Central Government on being satisfied that —

(a) the omission to give intimation to the Registrar of the payment or satisfaction of a charge, within the time required under this Chapter; or

(b) the omission or misstatement of any particulars,in any filing previously made to the Registrar with respect to any such charge or modification thereof or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83,

was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company, it may, on the application of the company or any person interested and on such terms and conditions as it deems just and expedient, direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or misstatement shall be rectified.]]]

So file CG 1 with roc for rectification.


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