https://www.taxtmi.com/caselaws?id=96721 A civil court may recall an ex parte order extending time for mortgage registration where the order was obtained without full disclosure and without notice to the liquidator. After the company has gone into liquidation, no further extension can be granted if it would prejudice accrued creditor rights; an unregistered mortgage cannot be validated against the liquidator in winding-up. A mortgagee's claim to preferential creditor status is premature until its debt is proved and admitted in the schedule of creditors. The liquidator was therefore entitled to sell the property free from the bank's encumbrance, and the request for extension failed. en-us Tue, 15 Sep 1936 00:00:00 +0530 Tue, 10 Jan 2012 15:50:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96721 A civil court may recall an ex parte order extending time for mortgage registration where the order was obtained without full disclosure and without notice to the liquidator. After the company has gone into liquidation, no further extension can be granted if it would prejudice accrued creditor rights; an unregistered mortgage cannot be validated against the liquidator in winding-up. A mortgagee's claim to preferential creditor status is premature until its debt is proved and admitted in the schedule of creditors. The liquidator was therefore entitled to sell the property free from the bank's encumbrance, and the request for extension failed. Case-Laws Companies Law Tue, 15 Sep 1936 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96721