Affidavit of a Creditor Proving a Debt During Liquidation (India) by OLL
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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 ______
DEPONENT
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.
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About this template
What is this template?
This is a formal sworn statement used in court proceedings to verify a financial claim against a company being wound up. It is not a general invoice or a demand letter, but a legal instrument that requires a deponent to swear to the truth of the debt under penalty of perjury.
When should you use it?
Use this document when a court has issued a winding-up order for a company and you need to submit evidence of your claim to the liquidator. Use a standard 'Proof of Claim' form if the liquidation is occurring under the newer Insolvency and Bankruptcy Code (IBC) rather than the 1956 Act.
Who it's for
- a creditor seeking to recover funds from an Indian company in liquidation
- an individual filing a formal proof of debt with a High Court
How long it runs and how it's signed
Law it's drafted under
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