The Hon’ble Sri Justice C.V.Nagarjuna Reddy Company Appeal.No.7 of 2014
Dated 30.06.2014
Between:
Kotak Mahindra Bank Limited …Appellant/Petitioner And 1.Nagarjuna Travels and Hotels Limited, 36, Sarojini Devi Road, Secunderabad and another.
…Respondents/respondents Counsel for the Appellant: Mr.C.R.Sridharan Counsel for respondent No.1: Mr.P.Vikram The Court made the following:
Order:
This Company Appeal arises out of Order, dated 12-03-2014, in C.P.No.1 of 2013, passed by the Company Law Board, Chennai Bench.
The controversy leading to filing of this Appeal pertains to non-registration of the security offered by respondent No.1 in favour of the appellant by respondent No.2.
In response to the notice issued by this Court, Mr. Shashi Raj Dara, the Deputy Registrar of Companies, Andhra Pradesh, filed a counter- affidavit. It is inter alia stated therein that the Ministry of Corporate Affairs has revised the e-forms on implementation of Companies Act, 2013; that as per the revised e-forms, form-8 was replaced by e- form CHG 1 and that as per the new e-form, in cases where the Company is not co-operating in filing CHG1 and registering the charge, the banker is now allowed to sign the e- form and upload the e-form without the digital signature of the Company. The counter-affidavit is critical on the conduct of the appellant in filing the appeal without verifying the said amendment.
Mr.C.R.Sridharan, learned Counsel for the appellant, stated that in view of the abovementioned stand taken by respondent No.2 in the counter- affidavit, his client will file a fresh application in e-
form CHG 1 within the time that may be stipulated by this Court.
In the light of the above submission, the appellant is permitted to file e-form CHG 1 within two weeks from today. On receipt of such application, respondent No.2 shall do the needful for registering the security without raising any objection on the limitation.
Company Appeal is, accordingly, disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 30th June, 2014 LUR