Charge cancellation related

MCA 381 views 3 replies

Ajay Kumar

37 Points Joined January 2014

Dear Members,

A Company had cleared the loan long back. But the Company didn't filed any Form 17 for the same and that charge is still reflecting in the Index of Charges.

And the Charge Holder (a financial Institution) has closed their business and it got merged with some other financial institution. So we are unable to contact the Chargeholder.

When i downloaded Form 8 from website, i noticed that it was uploaded by PFO where there is no attachment and the signature of Director, Professional & Chargeholder is signed by PFO only.

My query is how to get the charge cleared from the ROC's Index of Charges considering the about facts.

Replies (3)

In this case, I feel there are two options. First, you can obtain the No Due Certificate from the financial institution which has taken over the earlier financial institution and file that along with Form 17, they will have to sign form 17 also.OR you may try filing an application u/s 141 with the RD for rectification, along with proper supporting for closure of the financial facility and explaining the reasons for not filing the satisfaction of charge.