Hypothecation and mortgage of charge

Deep Vaghela (Company Secretary ) (986 Points)

21 June 2016  
Hello, I just have one query. If possible please guide us. We entered into a Joint Deed of Hypothecation on 20.04.2016 with Consortium Lenders amounting to Rs. 353.00 crores and created a Charge with Registrar of Companies on 24.05.2016. Now as per Sanction terms, we entered into Mortgage by way of Memorandum of Deposit of Titles for that same Consortium Lending. In this matter I am of the view that the earlier charge created needs to be modify but the Bank says that as this is fresh documents we need create a new charge. I believe that if we create a new charge then two charges of Rs. 353 crores will be reflecting in ROC while the actual scenario is that the lending amount is only Rs. 353.00 crores. Kindly guide as per law what will be the case. Whether we need to create separate charge for this Mortgage by way of Memorandum of Deposit of Titles or we can modify the earlier charge filed with Registrar of Companies.