Define affidavit. Draft a specimen affidavit of creditor in proof of the debt in proceeding for liquidation of a company. Assume facts.
CS Professional · Drafting, Pleadings and Appearances · PYQS · December 2020
Define affidavit. Draft a specimen affidavit of creditor in proof of the debt in proceeding for liquidation of a company. Assume facts.
Answer & Explanation:
An affidavit is a sworn statement in writing made specially under oath before an authorized officer. Therefore, great care is required in drafting it. A Court may, at any time, for sufficient reason order that any particular fact or facts may be proved by affidavit or that the affidavit of any particular witness may be read at the hearing, provided that the Court may order the deponent to appear in person in Court for cross-examination [Order XIX Rule 2(1)]. Specimen Affidavit of Creditor in proof of his debt in Proceeding for the Liquidation of a Company IN THE (HIGH) COURT OF............ In the matter of Companies Act, 2013 And The matter of the liquidation of............ Company Limited. I, A.B., aged............ years, son of Shri............ resident of............ do hereby on oath (or on solemn affirmation) state as follows: That the above named company was on the............ day of............ 20...., the date of the order for winding up the same, and still is justly and truly indebted to me in the sum of ₹............ (₹............) only in account of (describe briefly the nature of the debt). That in proof of the aforesaid debt I attach hereto the documents marked A, B and C. That I have not, nor have any person or persons by my order or to my knowledge or belief for my use, received the aforesaid sum of ₹............ or any part thereof, or any security or satisfaction for the same or any part thereof except the sum or security (state the exact amount of security). That this my affidavit is true and, that it conceals nothing and no part of it is false. Sd/- A.B. Deponent Dated Verification I, the above named deponent, verify that the contents of paragraphs 1 to 4 of this affidavit are true to my personal knowledge. Sd/- A.B. Dated............ I, ............, S/o............ R/o............ declare, from a perusal of the papers produced by the deponent before me that I am satisfied that he is Shri A.B. Sd/-............ Solemnly affirmed before me on this............ day of............ 20.... of............ (time) by the deponent. Sd/-............ (Oath Commissioner)
Topics: Pleadings
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