https://www.taxtmi.com/caselaws?id=103677 Section 125 of the Companies Act, 1956 voids unregistered company charges against a liquidator and creditors, but a decree of a competent court passed in a mortgage suit instituted with leave under section 446 stands on a different footing. Where the preliminary decree kept the mortgage security alive only until a fixed date for payment and then provided for sale on default, the parties' rights thereafter were governed by the decree, not merely the underlying unregistered charge. In that situation, the mortgage merged in the decree and the decree was not void or unenforceable against the official liquidator or creditors. en-us Fri, 08 May 1998 00:00:00 +0530 Sat, 26 Jul 2014 10:57:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=103677 Section 125 of the Companies Act, 1956 voids unregistered company charges against a liquidator and creditors, but a decree of a competent court passed in a mortgage suit instituted with leave under section 446 stands on a different footing. Where the preliminary decree kept the mortgage security alive only until a fixed date for payment and then provided for sale on default, the parties' rights thereafter were governed by the decree, not merely the underlying unregistered charge. In that situation, the mortgage merged in the decree and the decree was not void or unenforceable against the official liquidator or creditors. Case-Laws Companies Law Fri, 08 May 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=103677