https://www.taxtmi.com/caselaws?id=766089 NCLAT Principal Bench allowed appellant's appeal against NCLT's rejection of secured creditor status. The tribunal held that non-registration of charge under Section 77 of Companies Act 2013 does not affect secured creditor rights during corporate insolvency proceedings. Court distinguished between liquidator's duties under Section 78(3) and Resolution Professional's obligations, ruling that RP must consider charges regardless of registration status. The mortgagee's rights under Transfer of Property Act 1882 remain intact despite non-registration. NCLAT directed correction of records to reflect appellant's status as secured financial creditor, emphasizing that existing debt secured by charge creates secured creditor status under IBC provisions. en-us Fri, 14 Feb 2025 00:00:00 +0530 Tue, 18 Feb 2025 08:10:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=766089 NCLAT Principal Bench allowed appellant's appeal against NCLT's rejection of secured creditor status. The tribunal held that non-registration of charge under Section 77 of Companies Act 2013 does not affect secured creditor rights during corporate insolvency proceedings. Court distinguished between liquidator's duties under Section 78(3) and Resolution Professional's obligations, ruling that RP must consider charges regardless of registration status. The mortgagee's rights under Transfer of Property Act 1882 remain intact despite non-registration. NCLAT directed correction of records to reflect appellant's status as secured financial creditor, emphasizing that existing debt secured by charge creates secured creditor status under IBC provisions. Case-Laws IBC Fri, 14 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=766089