Affidavit in Support of the Petition and the Summons
Reference draft used in Indian courts — replace the blanks with your own case details.
IN THE HIGH COURT AT............. Company Petition No. ………. of 20……. ……………………………………………. Co. (Ltd.) - Petitioner. Affidavit in support of the petition and the summons for Directions
I, ……………………………………….. ., solemnly affirm and say as follows:-1. I am the Chairman of the Board of Directors/a Director/……………….……… of the abovenamed company, and I have been a director of the company since …………..………… 20…………………
2. I have read the petition now shown to me and marked '…………………………' and state that the statements made in paragraphs 1 to 10 thereof are correct and true to my knowledge.
3. The printed copy of the memorandum and articles of association with a copy of every special resolution of the company now in force and annexed thereto (other than the special resolution referred to in the petition), now shown to me and marked '…………………………….' is a true and correct copy of the said memorandum and articles.
4. The general meeting referred to in paragraph 6 of the petition was duly conveyed in pursuance of the notice now shown to me and marked '………………………………..'. A copy of this notice was duly sent out to all the shareholders in accordance with the provisions of the Act and the articles of association.
5. I was the Chairman (or was present) at the meeting held in pursuance of the said notice at which the special resolution referred to in paragraph 6 of the petition was passed (or Shri ……………………..……………… was the chairman of the meeting). The said resolution was duly passed in accordance with Section 189 of the Companies Act, 1956, unanimously (or by a majority of …………………………… votes against ……….. votes). The book now produced and shown to me and marked '…………………….……' is the Minute Book of the Company, containing minutes of proceedings at general meetings of the company, and the proceedings of the meeting held on the said …………. day of 20……., have been correctly recorded therein.
6. It is prayed that directions may be given as to the date of the hearing and the advertisement of the petition.
Solemnly affirmed etc.
(Sd) …………
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
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