ANC Bank Ltd. filed a claim before the Liquidator of XYZ Pvt. Ltd., asserting itself as a secured creditor with a charge over the company's immovable property. The Liquidator questioned the validity of the security inter

CS Professional · Insolvency and Bankruptcy - Law and Practice · PYQS · June 2026
ANC Bank Ltd. filed a claim before the Liquidator of XYZ Pvt. Ltd., asserting itself as a secured creditor with a charge over the company's immovable property. The Liquidator questioned the validity of the security interest, as no records were available in any information utility. ABC Bank thereafter produced a Certificate of Registration of Charge along with the original mortgage deed and sanction letter as supporting documents. How can the existence of security interest be proved under IBBI (Voluntary Liquidation Process) Regulations, 2017?

Answer & Explanation:

As per Regulation 20 of the IBBI (Voluntary Liquidation Process) Regulations, 2017, the existence of a security interest may be proved by a secured creditor on the basis of: the records available in an information utility; certificate of registration of charge issued by the Registrar of Companies; proof of registration of charge with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India; or other relevant documents which adequately establish the security interest.

Topics: IBBI (Voluntary Liquidation Process) Regulations, 2017

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