Blue Crest Industries Ltd. created a combined charge over two factories to secure a loan of ₹ 100 crore, which was also registered with the ROC. After repaying ₹ 95 crore along with interest, the lender agreed to release
CS Executive · Company Law and Practice · PYQS · June 2026
Blue Crest Industries Ltd. created a combined charge over two factories to secure a loan of ₹ 100 crore, which was also registered with the ROC. After repaying ₹ 95 crore along with interest, the lender agreed to release the charge with respect to Factory-1. The company then filed satisfaction of charge with the Registrar of Companies (ROC) seeking deletion of the charge on Factory-1. As the Company Secretary, examine whether the ROC would issue a certificate of satisfaction of charge relating to Factory-1 under the Companies Act, 2013.
Answer & Explanation:
Section 82(1) of Companies Act, 2013 read with Rule 8(1) of the Companies (Registration of Charges) Rules, 2014, provides that a company shall give intimation to ROC in Form No. CHG-4 along with the prescribed fees of the payment or satisfaction in full of any charge registered within a period of thirty days from the date of such payment or satisfaction. Section 82(2) Companies Act 2013 read with Rule 8(2) further provides that where the Registrar enters a memorandum of satisfaction of charge in full in pursuance of section 82 or 83 of Companies Act 2013, he shall issue a certificate of registration of satisfaction of charge in Form No.CHG-5. Analysis and Conclusion: In the present case, the combined registered charge created over both factories has not been fully satisfied, yet the company has filed an intimation seeking satisfaction of charge only with respect to Factory-1. Such filing does not conform to the requirements of Section 82 and the relevant Rules. Consequently, the Registrar of Companies is not empowered to issue a certificate of satisfaction of charge in this situation, as issuance of such certificate is permissible only when the charge is satisfied in full.
Topics: Company Law and Practice
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