Glow Bright Ltd. was facing acute financial difficulties due to continuous disruption of operations. The company was facing the impact of: scarcity of raw materials; loss of demand of company's products; frequent lock do

CS Executive · Company Law and Practice · PYQS · June 2026
Glow Bright Ltd. was facing acute financial difficulties due to continuous disruption of operations. The company was facing the impact of: scarcity of raw materials; loss of demand of company's products; frequent lock down due to workmen's unrest. On verge of liquidation the management proposed one last arrangement between creditors and the company whereby the creditors would have to forego forty percent of their dues. This has aroused strong objection from some of the creditors who may block the arrangement. Examine the facts to be disclosed by the applicant company while proposing scheme of compromise or arrangement to the Tribunal by affidavit under provisions of Companies Act, 2013.

Answer & Explanation:

Section 230(2) of the Companies Act, 2013, states that the company or any other person, by whom an application is made under sub-section (1), shall disclose to the Tribunal by affidavit- (a) all material facts relating to the company, such as the latest financial position of the company, the latest auditor's report on the accounts of the company and the pendency of any investigation or proceedings against the company; (b) reduction of share capital of the company, if any, included in the compromise or arrangement; (c) any scheme of corporate debt restructuring consented to by not less than seventy-five per cent of the secured creditors in value, including- (i) a creditors' responsibility statement in the prescribed form; The Creditors' Responsibility Statement shall be in Form CAA-1 and be included in the scheme of corporate debt restructuring. A scheme of corporate debt restructuring as referred to in clause (c) of sub-section (2) of section 230 of the Act shall mean a scheme that restructures or varies the debt obligations of a company towards its creditors. (ii) safeguards for the protection of other secured and unsecured creditors; (iii) report by the auditor that the fund requirements of the company after the corporate debt restructuring as approved shall conform to the liquidity test based upon the estimates provided to them by the Board; (iv) where the company proposes to adopt the corporate debt restructuring guidelines specified by the Reserve Bank of India, a statement to that effect; and (v) a valuation report in respect of the shares and the property and all assets, tangible and intangible, movable and immovable, of the company by a registered valuer.

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