Is Charge Registration Under Section 77 of the Companies Act Mandatory for Secured Creditor Status Under IBC?
The National Company Law Appellate Tribunal (NCLAT) in Home Kraft Avenues Vs Jayesh Sanghrajka and Anr.1 held that registration of charge under section 77 of the Companies Act is not a sine qua non for a creditor to be considered as secured creditor under section 3(30) of the Insolvency and Bankruptcy Code, 2016 (Code). The Appellant had advanced a loan […]
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