Form No. 034 - Affidavit in support of summons - Company Court Rules, 1959

Form No. 34 (See rule 67) [Heading as in Form No. 1] Company Application No. ............... of 19 .......... ................ Applicant(s) Affidavit in support of summons I, .................... of etc., solemnly affirm and say as follows: 1. I am the managing director/secretary/a director/ ................/of the said company, (or an auditor of the said company authorised by the directors to make this affidavit, or liquidator of the said company in liquidation). [Where the application is not by the company or its liquidator, but by a member or creditor the above paragraph should be suitably altered]. 2. The company was incorporated on .............. 19 ..... The document now produced and shown to me is printed copy of the memorandum and articles of association of the said company, and also contains copies of all the special resolutions which have been passed and are now in force. 3. The registered office of the company is situate at ................... 4. The capital of the company is Rs. ................... divided into ................... [here set out the classes of shares issued and the amounts paid up on each share]. 5. The objects of the company are set out in the memorandum of association annexed hereto. They are briefly (here set out the main objects in brief). 6. The company commenced the business of ................... (e.g. hides and skins, etc.,) and has been carrying on the same since ................... 7. [Here set out in separate paragraphs the circumstances that have necessitated the proposed compromise or arrangement, the objects sought to be achieved by it, the terms of the compromise or arrangement, and the effect, if any, of the compromise or arrangement on the material interests of the directors, managing director, [30] [* * *] or the manager of the company, and were the compromise or arrangement affects the interests of the debentures holders, its effect on the material interests of the trustees of the debenture truest deed. A copy of the proposed compromise or arrangement should be marked as an exhibit and annexed to the affidavit.] 8. [Here set out the class of creditors or members with whom the compromise or arrangement is to be made; where the arrangement is between the company and its members, it should be stated whether any creditors or class of creditors are likely to be affected by it]. 9. It is necessary that a meeting (or meetings) of the creditors/members (if the meeting is to be only of a class of creditors or a class of members, it should be so stated) should be called to consider and approve the proposed compromise or arrangement. 10. It is suggested that the meeting (or meetings) may be held at the premises of the registered office of the company or at such other place as may be determined by the court, and on such date(s) and at such time(s) as this Court may direct; and that a Chairman may be appointed for the meeting (or for each of the meetings) to be held. 11. It is suggested that notice of the proposed compromise or arrangement and of the meeting may be published once in (here set out the newspapers) and in such manner as the Court may direct. 12. It is prayed that necessary directions may be given as to the issue and publication of notices and the convening, holding and conducting of the meeting(s) proposed above. Solemnly affirmed, etc. (Sd.) X. Y ................... Before me (Sd.) ................... Commissioner for Oaths ------------------------------------ Notes:- [30] Omitted as redundant after abolition of the system of managing agent, secretaries and treasurers by Act 17 of 1969, w.e.f. 3-4-1970.