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Judgment
Arindam Sinha, J
Mr. Mohapatra, learned advocate appears on behalf of petitioner and submits, Company Master Data information uploaded by Ministry of Company Affairs reflects registered charges of United Western Bank Limited, presently IDBI bank and Karad Urban Cooperative Bank Limited, against his client, the company. He submits, his client did not obtain any credit facility from either of the banks. He refers to letter dated 13th October, 2018 of his client to the Registrar of Companies drawing response dated 13th November, 2018, directing his client to take up the matter with the banks. On doing so Karad Urban Cooperative Bank Limited, by communication dated 1st December, 2018 confirmed that the charge registered with Registrar of Companies is not related to that bank.
Mr. Mohapatra hands up electronic email correspondence dated 17th October, 2022 between his client and IDBI Bank.
Contents of petitioner’s email dated 17th October, 2022 are reproduced below.
“My Client Neelachal Collapsible Tubes Private Limited bearing CIN U27203OR1989PTC002186 would like to bring to knowledge of your good office that one charge id 90382421 which is standing in MCA portal index of charges portal of western bank ltd (presently known as IDBI Bank Limited) the detail of charge id is enclosed for your reference Please clarify on the same as urgent basis as my client want to close the company”
(emphasis supplied)
Contents of the reply email, dated 17th October, 2022 are also reproduced below.
“We regret the inconvenience caused to you.
With reference to your appended e-mail regarding loan.
We would like to inform you that kindly provide a customer id/account number in order to assist you. For answers to various FAQ, please visit https://www.idbibank.in/how-do-i.asp.”
Where petitioner had given particulars of charge ID to the bank, in favour of whom the Registrar of Companies has registered the charge, the bank required petitioner to provide customer ID/account number in order to assist. Clearly, the bank does not have a charge on petitioner as otherwise, it would be in possession of the charge particulars.
There will be order in terms of prayer-A of the writ petition, to be complied with by opposite party no.2 within two weeks of communication.
The writ petition is disposed of.
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