https://www.taxtmi.com/caselaws?id=279280 Section 125 of the Companies Act, 1956 invalidates only a charge created by the company that required registration but was not registered; it does not automatically invalidate a separate mortgage decree for sale obtained before winding up. A pre-winding-up decree enforcing the mortgage remains distinct from the underlying unregistered mortgage and can be executed against the official liquidator, provided it is not collusive or unconscionable. Section 529 did not alter that result on the facts stated. The operative point is that registration invalidity for the charge does not extend to a prior, valid decree enforcing it. en-us Fri, 22 Jul 1983 00:00:00 +0530 Mon, 11 Mar 2019 16:33:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279280 Section 125 of the Companies Act, 1956 invalidates only a charge created by the company that required registration but was not registered; it does not automatically invalidate a separate mortgage decree for sale obtained before winding up. A pre-winding-up decree enforcing the mortgage remains distinct from the underlying unregistered mortgage and can be executed against the official liquidator, provided it is not collusive or unconscionable. Section 529 did not alter that result on the facts stated. The operative point is that registration invalidity for the charge does not extend to a prior, valid decree enforcing it. Case-Laws Companies Law Fri, 22 Jul 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279280