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  • Deeds & Drafts / Affidavit-of-proof-of-debt

Deeds & Drafts

Affidavit of proof of debt

 

Company Petition No

I, _____________________________________________ of etc., (full name, address and occupation of deponent to be given) do solemnly affirm and state as follows :

1.     The above named company was, at the date of the order winding-up the same* viz., the __________________________________________ day of_________20_____ and still is, justly and truly indebted to me (or to me and C.D & E.F., my co-partners in trade, or, as the case may be,) in the sum of Rs__________________ for (here state consideration, e.g. goods sold and delivered by me/my firm to said company between the date of__________________________ or monies advanced by me/my firm in respect of the under mentioned bill of exchange, or as the case may be), as shown by the account in the schedule below.

2.     In respect of the said sum or any part thereof, I say I have not, nor have my partners or any of them, nor has any person, by my/our knowledge or belief, for my/our use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Here state the particulars of all securities held, and where the securities are on the property of the company, assess the value of the same, and if any bills or other negotiable securities, be held specify them in the schedule.] [If the claim is made as a preferential claim, say so and set out the grounds on which the preference is claimed.] *Where before the presentation of the petition for winding-up, a resolution has been passed by the company for voluntary winding-up, the date of the said resolution must be substituted for the date of the winding-up order.

 

 

SCHEDULE

 

Bill of Exchange

Date Drawer Acceptor Amount Due Date

Rs_______

 

Particulars of Account referred to (Credit should be given for contra accounts)

 

Date Consideration Amount Remarks

Rs_________

The vouchers (if any)

by which the account

can be substantiated

should set out here

Solemnly affirmed at____________________ on________________________

Day, the_____________________________________ day of________________________________ 20_________

Before me.

Commissioner.

Deponents Signature.

 

Notes :

1.     Bills of exchange or negotiable securities must be produced before the proof can be admitted.

2.     The proof cannot be admitted for voting at the first meeting unless it is properly completed and lodged with the Official Liquidator before the time named in the notice convening the meeting_.

 

3.       Where the affidavit is not by the creditor, but by some person authorized by him, the deponent should state in a separate paragraph his authority for making the affidavit and the means of his knowledge, and suitable alterations should be made, in paragraphs 1 and 2 above, and the name, address and description of the creditors should be set out in paragraph 1.Affidavit of proof of debt

 

Company Petition No

I, _____________________________________________ of etc., (full name, address and occupation of deponent to be given) do solemnly affirm and state as follows :

1.     The above named company was, at the date of the order winding-up the same* viz., the __________________________________________ day of_________20_____ and still is, justly and truly indebted to me (or to me and C.D & E.F., my co-partners in trade, or, as the case may be,) in the sum of Rs__________________ for (here state consideration, e.g. goods sold and delivered by me/my firm to said company between the date of__________________________ or monies advanced by me/my firm in respect of the under mentioned bill of exchange, or as the case may be), as shown by the account in the schedule below.

2.     In respect of the said sum or any part thereof, I say I have not, nor have my partners or any of them, nor has any person, by my/our knowledge or belief, for my/our use, had or received any manner of satisfaction or security whatsoever, save and except the following: [Here state the particulars of all securities held, and where the securities are on the property of the company, assess the value of the same, and if any bills or other negotiable securities, be held specify them in the schedule.] [If the claim is made as a preferential claim, say so and set out the grounds on which the preference is claimed.] *Where before the presentation of the petition for winding-up, a resolution has been passed by the company for voluntary winding-up, the date of the said resolution must be substituted for the date of the winding-up order.

 

 

SCHEDULE

 

Bill of Exchange

Date Drawer Acceptor Amount Due Date

Rs_______

 

Particulars of Account referred to (Credit should be given for contra accounts)

 

Date Consideration Amount Remarks

Rs_________

The vouchers (if any)

by which the account

can be substantiated

should set out here

Solemnly affirmed at____________________ on________________________

Day, the_____________________________________ day of________________________________ 20_________

Before me.

Commissioner.

Deponents Signature.

 

Notes :

1.     Bills of exchange or negotiable securities must be produced before the proof can be admitted.

2.     The proof cannot be admitted for voting at the first meeting unless it is properly completed and lodged with the Official Liquidator before the time named in the notice convening the meeting_.

3.       Where the affidavit is not by the creditor, but by some person authorized by him, the deponent should state in a separate paragraph his authority for making the affidavit and the means of his knowledge, and suitable alterations should be made, in paragraphs 1 and 2 above, and the name, address and description of the creditors should be set out in paragraph 1.


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