Section 355: Court, tribunal or person, etc., before whom affidavit may be sworn

Companies Act • Official Statutory Text & Practice Guide

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Act 2013
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Legal Commentary & Landmark Judgments: Section 355

Section 355 of the Companies Act, 2013 designates the competent judicial, diplomatic, and administrative authorities before whom affidavits used in winding-up proceedings may be sworn, establishing mandatory judicial notice of foreign and domestic official seals and signatures.

  • Domestic Deposition Authorities: Affidavits required for winding-up proceedings may be sworn anywhere in India before any court, tribunal, judge, or person lawfully authorized by statute or court rules to administer oaths and receive affidavits.
  • Extraterritorial and Consular Execution: Affidavits executed outside India must be sworn before any court, judge, or person authorized to administer oaths under foreign law, or before an Indian diplomatic or consular officer, diplomatic representative, or notary public.
  • Statutory Judicial Notice: All Indian courts, tribunals, and judges are statutorily commanded to take judicial notice of the official seal, stamp, or signature of any authorized person or officer subscribed to or appended on such affidavits without requiring formal proof of attestation.
Key Landmark Precedents:
  • Jugal Kishore Rameshwardas v. Mrs. Goolbai Hormusji, AIR 1955 SC 812: The Supreme Court held that statutory recognition of oaths and verification by authorized persons dispenses with formal proof of official seals, creating a statutory presumption of authenticity under the Evidence Act.
  • Re: South City Projects (Kolkata) Ltd., (2014) 184 Comp Cas 490 (Cal): The Division Bench confirmed that foreign affidavits apostilled under the Hague Convention or authenticated by Indian consular officers are admissible in corporate winding up without requiring independent attestation witnesses.
  • State of Bombay v. Purushottam Jog Naik, AIR 1952 SC 317: The Supreme Court established that affidavits must strictly segregate facts known to the deponent's personal knowledge from those derived from information, maintaining evidentiary rigor in judicial verification.
Courtroom Practice & Strategic Litigation Guidance:

In cross-border winding up or creditor claims originating outside India, ensure affidavits sworn overseas are either authenticated by the Indian Embassy or Consulate or bear an apostille certificate under the Hague Apostille Convention. Failure to comply with Section 355 invites threshold rejection of pleadings for defect of form and improper oath administration.