Affidavit of a Creditor Proving a Debt During Liquidation (India)
This template is a formal affidavit used by a creditor to prove a debt owed by a company undergoing liquidation under the Indian Companies Act, 1956. It provides a structured format for a creditor to state the amount owed, provide evidence of the debt, and confirm that no security or satisfaction has been received for the sum claimed.
AFFIDAVIT OF CREDITOR OF HIS DEBT DURING
LIQUIDATION
IN THE (HIGH) COURT OF __________________
IN the matter of the Indian Companies Act, 1956
And
The matter of the liquidation of ________ Co. Ltd.
I, …………………………………………………………………… ,
Aged……………………………….................................. years,
son of _________________________________ ,
resident of ____________________________ , do hereby on oath /on solemn affirmation state as
follows:
1. That the above-named company was on the ____________________ day of ________ , ______ , the date of the order for winding up the same, and still is justly and truly indebted to me in the sum of Rupees _________________________________________________ (Rs in words ) only on account of (describe briefly the nature of the debt).
2. That in proof of the aforesaid debt I attach hereto the documents marked …………………………………………………
3. 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 Rupees __________________________ 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).
4. That this affidavit is true, that it conceals nothing and no part of it is false
AA
Signature
VERIFICATION
I, _____________________________the above named deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at ______ this _____day of ______
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About this template
What is this template?
This is a sworn statement of claim filed by a creditor within a liquidation process. It is not a standard invoice or a letter of demand, but a formal legal evidence document that must be sworn before a person authorized to administer oaths.
When should you use it?
Use this document when a formal winding-up order has been issued for a company and you need to prove your debt to the liquidator. Use a Letter of Demand instead if the company is still solvent and not yet in formal liquidation.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Identity of Creditor | Identifies the individual creditor or authorized representative and their relationship to the debt being claimed. |
| 2 | Statement of Debt | Asserts that the company was at the date of the winding-up order justly and truly indebted to the creditor. |
| 3 | Consideration for Debt | Specifies the particular goods supplied, services rendered, or loan provided that gave rise to the stated debt amount. |
| 4 | Verification of Security | Requires the creditor to declare whether they hold any security for the debt and to list any such securities specifically. |
| Verification | Formal Affirmation | Confirms that the contents of the affidavit are true to the best of the deponent's knowledge and belief. |
Who it's for
- a creditor seeking to recover unpaid debts from an Indian company in liquidation
- an authorized representative filing a claim on behalf of a corporate creditor in winding-up proceedings
How long it runs and how it's signed
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