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Issues: Whether a charge registered under the Companies Act, 1948 was void against the liquidator and creditors because the particulars delivered to the registrar and the entry in the register understated the amount secured.
Analysis: Section 95 required delivery of the prescribed particulars and the instrument creating the charge within the statutory period, while section 98 required the registrar to keep the register and to issue a certificate stating the amount secured, the certificate being conclusive evidence that the requirements of registration had been complied with. The statutory scheme did not make the accuracy of every particular recorded on the register a condition of validity. The authorities established that, once the instrument creating the charge and the prescribed particulars had been delivered and the registrar had certified registration, the court must look to the instrument itself to determine the extent of the security, and defects or omissions in the particulars or register did not avoid the charge. The registration provisions protected the charge-holder, and any mistake in the stated amount did not split the charge into valid and invalid portions for want of registration.
Conclusion: The charge remained valid and enforceable for the full amount secured under its terms notwithstanding the understatement in the registered particulars, and the application was rejected.
Ratio Decidendi: Where the instrument creating a charge and the prescribed particulars have been duly delivered and the registrar has issued the statutory certificate, defects or inaccuracies in the particulars or register do not avoid the charge; its extent is determined by the charge instrument, not by the register entry.