Affidavit Of Creditor Of His Debt During Liquidation

Affidavit Of Creditor Of His Debt During Liquidation

An affidavit is a sworn statement of facts by a person who knows that such facts and circumstances have taken place. The person who makes such statement and signs it is known as a deponent. An affidavit is a written document signed by the deponent, confirming that the contents of the affidavit are true and correct to his knowledge and he has concealed nothing material therefrom. It is duly attested/ affirmed by the Notary or Oath Commissioner. Such Notary/ Oath Commissioners are appointed by the Court of Law. The duty of the Notary/ Oath Commissioners is to ensure that the signature of the deponent are not forged. Hence, the deponent himself needs to be present before the Notary/ Oath Commissioner during the attestation of the affidavit.

The affidavit must be paragraphed and numbered. The person making the affidavit (the deponent) must sign the bottom of each page in the presence of an authorized person, such as a lawyer. Further, the affidavit must contain the full name, address, occupation and signature of the person (deponent) making such affidavit and the date & place where such affidavit is made. The affidavit must contain facts and circumstances known to a person and must not set out the opinions and beliefs of the deponent. Further, one should avoid referring to facts that are based on information received from others (known as hearsay evidence).  However, if the person is giving evidence as an expert; for instance, a psychologist or licensed valuer, then his opinion might be stated in the affidavit.

When all the payments as aforesaid have been made and all the claims have been settled or all the assets of the company have been applied to settle the claims and the Official Liquidator cannot proceed further with the winding up, then the Court shall pass an order for dissolution of the company (Section 481).

The Official Liquidator shall pay into the Companies Liquidation Account in the public account of India in the Reserve Bank of India any unclaimed dividends payable to creditors or undistributed assets refundable to contributories in his hands on the date of the order of dissolution, and such other balance in his hands as he has been directed by the Court to deposit into the Companies Liquidation Account in the Reserve Bank of India (Rule 283).

IN THE (HIGH) COURT IN the matter of the Indian Companies Act, 1956 And The matter of the liquidation of xyz Co. Ltd. Any debt  attach the documents marked X, Y and Z.

In affidavit also mentioned this that affidavit is true, that it conceals nothing and no part of it is false. And it should be verified and signed by the person on whose behalf its making.





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