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A registered assignment deed may operate retrospectively from its execution under Section 47 of the Registration Act, allowing an asset reconstruction company's assigned financial debt to be considered in a corporate insolvency application despite registration after execution. The notes also explain that production and admission of the relevant trust deed cures the deficiency concerning the company's authority to institute proceedings. Accordingly, rejection based on non-registration of the assignment deed or non-production of the trust deed cannot stand, and the insolvency application must be reconsidered on its merits. The issue of stamp duty under the Kerala Stamp Act remained undetermined.
A registered assignment deed may operate retrospectively from its execution under Section 47 of the Registration Act, allowing an asset reconstruction company's assigned financial debt to be considered in a corporate insolvency application despite registration after execution. The notes also explain that production and admission of the relevant trust deed cures the deficiency concerning the company's authority to institute proceedings. Accordingly, rejection based on non-registration of the assignment deed or non-production of the trust deed cannot stand, and the insolvency application must be reconsidered on its merits. The issue of stamp duty under the Kerala Stamp Act remained undetermined.
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