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TMI Blog2014 (7) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... cute the documents is stated to be a director of another company which is a defaulting company. In the said circumstances, it is for the petitioner company to ventilate its grievances against the R1 Company. Seeking directions from the Bench by invoking jurisdiction as vested under section 614 is my view is completely misplaced. As stated supra the company and its officers who has been authorised to file Form 8 for creation of charge has complied in creation of charge and in filing of Form 8 with ROC. On the other hand, from the pleadings it is seen that the company's inability to file Form 8 is due to MCA online services not accepting the digital signature of the director who has signed the Form 8 due to his default in some other compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alf of DCHL and also agreeing to mortgage its immovable property comprising of land and building constructed thereon hearing Municipal No.3-6-356, 557, 358 near Gandhi Medical College, Basheerbagh, Hyderabad all together measuring 1580 Sq Yds to secure the loans under the short term loan facility and WCDL facility by DCHL. The articles of the R1 Company authorised the respondent No.1 to provide a corporate guarantee and to create security over its property. The respondent No.1 executed an affidavit-cum-indemnity dated 18.07.2012 and deposited title deeds relating to the mortgaged property and created mortgage in favour of the petitioner company. The memorandum was executed on 19.07.2012. The R1 Company also executed Form 8 for registration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the filing of Form 8. Therefore it is requested to grant relief as prayed in the application. 2. Heard the learned counsel for the petitioner company. None appeared for the respondents. The petitioner company sent notices to the respondents by speed post and filed proof of service before the Bench. Despite service of notices none appeared for the respondents nor present themselves. The Bench also directed the petitioner company to send notices to the respondents. The petitioner company has complied with the direction of this Bench by sending the notices to the respondents. The respondents failed to appear either in person or through their counsel. Neither any counter affidavit has been filed to the petition. The Bench decided to disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sited title deeds relating to the property mortgaged and created mortgage over the said mortgaged property in favour of the petitioner company. The R1 Company also executed Form 8 for registration of the charge created by it over the said mortgaged property in favour of the petitioner company on 27.07.2012. From the sequence of events it is clear that the R1 Company in its Board meeting dated 16.07.2012 authorised its director Mr E Venkatram Reddy to execute the guarantee aggregating ₹ 100 crores and authorised to mortgage the immovable property and execute required mortgage documents as may be required. Accordingly, the R1 Company executed corporate guarantee in favour of the petitioner company on 18.07.2012. In the schedule annexed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an admitted fact that the R1 Company authorised one Mr E. Venkatram Reddy to execute the necessary documents and forms in respect of mortgage and creation of charge on its immovable property in the name of the petitioner company. Accordingly, Mr E Venkatram Reddy executed the necessary documents in relation to mortgage and creation of charge and also appended his digital signature on Form 8. According, the respondent company has complied with all the formalities in respect of mortgage and creation of charge. The petitioner company filed the petition under section 614 of the Companies Act, invoking the jurisdiction of this Bench. Section 614 empowers the Bench direct the company and any officer thereof to make good the default, provided if a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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