BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI, BENCH – IV, NEW DELHI
I.A. NO. Interlocutory application number OF 2024
IN
C.P. (IB)-C.P. (IB) case number/ND/2022
IN THE MATTER OF:
Financial creditor's name PVT. LTD.…. FINANCIAL CREDITOR
VERSUS
Corporate debtor's name…. CORPORATE DEBTOR
AND IN THE MATTER OF:
Applicant's name…. APPLICANT
VERSUS
First respondent's name & ANR.…. RESPONDENTS
INDEX
| S. NO. | PARTICULARS | PAGE NO. |
|---|
| 1. | Memo of Parties | |
| 4. | Application filed for and on behalf of the Applicant/unit owner under Section 60(5)(c) of the I&B Code, 2016 read with Rule 11 of the NCLT Rules, 2016 seeking directions against the Respondents, along with affidavit and stamp paper | |
| 5. | ANNEXURE A-1 (colly.): Copy of orders passed in I.A. Prior I.A. number (annexed orders) dated 19.10.23 and Date of other annexed order | |
| 6. | ANNEXURE A-2 (colly.): Copy of the agreement executed between the Corporate Debtor and the Applicant, together with the letter of possession issued by the Corporate Debtor | |
| 7. | ANNEXURE A-3 (colly.): Copy of consumption bills and payment receipts in respect of the said property of the Applicant | |
| 8. | ANNEXURE A-4 (colly.): Copy of e-mails sent by the Applicant to the IRP | |
| 9. | ANNEXURE A-5 (colly.): Copy of the Arbitral Award dated Date of arbitral award along with the clarification award dated Date of clarification award | |
| 10. | ANNEXURE A-6 (colly.): Copy of the reply filed by the Corporate Debtor in I.A. Prior I.A. number (corporate debtor's reply) | |
| 11. | ANNEXURE A-7 (colly.): Copy of the agreement dated Date of agreement between respondents 1 and 2 executed between Respondent No. 1 and Respondent No. 2 | |
APPLICANT
THROUGH
Advocate's name
ADVOCATE
Advocate's address
Mobile: Advocate's mobile number
Email: Advocate's email address
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI, BENCH – IV, NEW DELHI
I.A. NO. Interlocutory application number OF 2024
IN
C.P. (IB)-C.P. (IB) case number/ND/2022
IN THE MATTER OF:
Financial creditor's name PVT. LTD.…. FINANCIAL CREDITOR
VERSUS
Corporate debtor's name…. CORPORATE DEBTOR
AND IN THE MATTER OF:
Applicant's name…. APPLICANT
VERSUS
First respondent's name & ANR.…. RESPONDENTS
MEMO OF PARTIES
APPLICANT
1. Applicant's name
VERSUS
RESPONDENTS
1. First respondent's name
First respondent's address
APPLICANT
THROUGH
Advocate's name
ADVOCATE
Advocate's address
Mobile: Advocate's mobile number
Email: Advocate's email address
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI, BENCH – IV, NEW DELHI
I.A. NO. Interlocutory application number OF 2024
IN
C.P. (IB)-C.P. (IB) case number/ND/2022
IN THE MATTER OF:
Financial creditor's name PVT. LTD.…. FINANCIAL CREDITOR
VERSUS
Corporate debtor's name…. CORPORATE DEBTOR
AND IN THE MATTER OF:
Applicant's name…. APPLICANT
VERSUS
First respondent's name & ANR.…. RESPONDENTS
LETTER OF MENTION
Sir,
The enclosed interlocutory application in the aforesaid matter has been filed for and on behalf of the Applicant/unit owner under Section 60(5)(c) of the I&B Code, 2016 read with Rule 11 of the NCLT Rules, 2016, seeking directions against the Respondents.
It is most respectfully prayed that the matter may kindly be listed at the earliest, as per the convenience of the Hon'ble Tribunal.
APPLICANT
THROUGH
Advocate's name
ADVOCATE
Advocate's address
Mobile: Advocate's mobile number
Email: Advocate's email address
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI, BENCH – IV, NEW DELHI
I.A. NO. Interlocutory application number OF 2024
IN
C.P. (IB)-C.P. (IB) case number/ND/2022
IN THE MATTER OF:
Financial creditor's name PVT. LTD.…. FINANCIAL CREDITOR
VERSUS
Corporate debtor's name…. CORPORATE DEBTOR
AND IN THE MATTER OF:
Applicant's name…. APPLICANT
VERSUS
First respondent's name & ANR.…. RESPONDENTS
NOTICE OF MOTION
To,
The Registrar,
The National Company Law Tribunal.
The party named above requests the Tribunal to grant the following reliefs:
a.An order allowing the present application;
b.An order directing Respondent No. 1 to waive its right seeking registration of the unit/Basement-I, having an area of approximately Area of unit (sq. ft.) sq. Unit of area (ft.), situated at Address of the unit/Basement-I, Delhi-Pincode of unit, in its favour from Respondent No. 2;
c.An order directing the Applicant/unit owner to directly make payment of, or towards, the applicable registration charges, stamp duty and other applicable charges for the registration of the sale deed of/for/pertaining to its unit/Basement-I, having an area of approximately Area of unit (sq. ft.) sq. ft., at Plot No. Plot number, Community centre name Community Centre, Delhi-Pincode of unit, with the concerned government authority/entity/party, and to seek and obtain an appointment with the concerned Sub-Registrar for the purpose of registration of the sale deed;
d.An order directing Respondent No. 2 to execute the sale deed of/for/pertaining to the unit/Basement-I, having an area of approximately Area of unit (sq. ft.) sq. Unit of area (ft.), situated at Address of the unit/Basement-I, Delhi-Pincode of unit, directly in favour of the Applicant herein, and further to remain present before the concerned Sub-Registrar for the purpose of registration of the same;
OR, IN THE ALTERNATIVE
An order appointing a Local Commissioner to directly execute the sale deed on behalf of Respondent No. 2 of/for/pertaining to the unit/Basement-I, having an area of approximately Area of unit (sq. ft.) sq. Unit of area (ft.), situated at Address of the unit/Basement-I, Delhi-Pincode of unit, in favour of the Applicant herein, and further to remain present before the concerned Sub-Registrar for the purpose of registration of the same; and
e.Such other and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
APPLICANT
THROUGH
Advocate's name
ADVOCATE
Advocate's address
Mobile: Advocate's mobile number
Email: Advocate's email address
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NEW DELHI, BENCH – IV, NEW DELHI
I.A. NO. Interlocutory application number OF 2024
IN
C.P. (IB)-C.P. (IB) case number/ND/2022
IN THE MATTER OF:
Financial creditor's name PVT. LTD.…. FINANCIAL CREDITOR
VERSUS
Corporate debtor's name…. CORPORATE DEBTOR
AND IN THE MATTER OF:
Applicant's name…. APPLICANT
VERSUS
First respondent's name & ANR.…. RESPONDENTS
APPLICATION FOR AND ON BEHALF OF THE APPLICANT UNDER SECTION 60(5)(C) OF THE I&B CODE, 2016 READ WITH RULE 11 OF THE NCLT RULES, 2016 SEEKING DIRECTIONS AGAINST THE RESPONDENTS
MOST RESPECTFULLY SHOWETH:-
A. That the present application has been filed by the Applicant/unit owner under Section 60(5)(c) of the I&B Code, 2016 read with Rule 11 of the NCLT Rules, 2016, seeking appropriate directions from this Hon'ble Tribunal against the Respondents herein, in order to ensure that complete justice is done and to provide a remedy for the difficulties being faced by the Applicant.
B.That the Applicant herein purchased Basement-I, having an area of approximately Area of unit (sq. ft.) sq. Unit of area (ft.), situated at Address of the unit/Basement-I, Delhi-Pincode of unit (hereinafter referred to as the "Unit" or "Basement-I"), from the Corporate Debtor. However, despite having paid the entire consideration amount (by or before the year Year by which full consideration was paid) and despite remaining in possession of the said Unit (for a period of more than Number of years the Applicant has been in possession years), the sale deed has neither been executed nor registered in favour of the Applicant. The present application has, therefore, been filed seeking directions against the Respondents.
C.That the Applicant herein had also made representations to the Corporate Debtor (including the Ld. RP) in this regard; however, the same yielded no result. The present application has accordingly been filed.
D. That the present application has been filed seeking appropriate directions from this Hon'ble Tribunal for the following reasons:
i.The Applicant has already paid the complete consideration amount to the Corporate Debtor, and this fact stands admitted by the Corporate Debtor;
ii.The Applicant is already in possession of the said Unit, and this fact also stands admitted by the Corporate Debtor;
iii.The Corporate Debtor has admitted that the Applicant is the owner of the said Unit;
iv.Respondent No. 2 is under an obligation to execute and register the sale deed in favour of the Corporate Debtor, and thereafter the Corporate Debtor is to execute and register the sale deed in favour of the Applicant (this being the present arrangement between the parties, pursuant to which the said process has remained unconcluded till date);
v.As the Corporate Debtor is undergoing the CIRP and is already in a financially strained position, it would not be in a position to pay the requisite stamp duty and registration charges. Accordingly, no purpose would be served by requiring the Corporate Debtor to first pay the registration charges and have the said Unit registered in its own name, when the Unit is ultimately to be registered and transferred in the name of the Applicant; and
vi.The Applicant is the end beneficiary of the transaction. Therefore, considering the present financial position of the Corporate Debtor, and in order to avoid delay, additional rounds of litigation and other hindrances, it would be beneficial to all parties if the Corporate Debtor is directed to waive its right to seek registration from Respondent No. 2, and Respondent No. 2 is instead directed to execute the sale deed for the Unit directly in favour of the Applicant, with the Applicant paying the stamp duty, registration charges and allied charges directly to the concerned authority/entity.
E. That owing to certain disputes and issues between the Corporate Debtor and Respondent No. 2 (including, but not limited to, disputes pertaining to conversion charges etc.), the sale deed could not be executed in favour of the Applicant. That Respondent No. 2 is under an obligation to execute the sale deed for the Unit in "Tower/project name, New Delhi-110092" (hereinafter referred to as the "Tower" and/or "V4 Tower") in favour of the Corporate Debtor, and thereafter the Corporate Debtor is to execute the sale deed for the said Unit in favour of the Applicant.
F. That it is pertinent to mention that the Corporate Debtor is presently undergoing the CIRP and is already in a financially strained position. If the aforesaid course were to be followed, the Corporate Debtor would have to incur the necessary expenses and pay stamp duty, registration charges etc. (amounting to several lakhs of rupees) for the purpose of first getting the said Unit registered in its own name, and would thereafter have to execute the requisite sale deed in favour of the Applicant. Consequently, substantial monetary resources of the Corporate Debtor would be utilised without any gain or advantage to the Corporate Debtor, since the said Unit is ultimately to be transferred and registered in the name of the Applicant.
G. That the registration charges and stamp duty etc. would have to be paid by the Corporate Debtor despite the fact that, upon such registration in its favour, it would have to further execute the sale deed; hence no fruitful purpose would be achieved, and monetary loss would be caused to the Corporate Debtor. That through the present application, the Applicant seeks permission from this Hon'ble Tribunal to direct Respondent No. 1 to waive its right to seek registration of the said Unit in its own favour, and further to direct Respondent No. 2 to execute the sale deed directly in favour of the Applicant. In addition, a direction may be issued requiring the Applicant to pay the requisite registration charges, stamp duty etc. directly to the concerned government authority/entity; by this means, substantial monetary resources of the Corporate Debtor would be conserved, which is one of the principal objectives of the CIRP. Further, the grievances of the Applicant would also be resolved, as the said Unit would stand transferred in the name of the Applicant.
H. That the present application has been filed before this Hon'ble Tribunal with the purpose of providing the requisite remedy and justice to the Applicant, as well as for preserving the assets of the Corporate Debtor.
I. That, by way of narrative, it is pertinent to mention:
1.That Respondent No. 2 (hereinafter also referred to as the "*Allottee")*, being a bidder at the auction held by the Delhi Development Authority on Date of DDA auction, was declared the highest bidder, and the said bid was accepted vide letter dated Date of bid acceptance letter bearing No. Bid acceptance letter number, with the right to sell being conferred upon the said Allottee. That, by virtue of the Perpetual Lease Deed dated Date of perpetual lease deed, registered as Document No. Lease deed document number in Additional Book No. I, Volume No. Lease deed volume number, at pages 45 to 54, dated Date of registration of lease deed, in the office of the Sub-Registrar-VII, INA, the said Allottee was given possession of a commercial plot of land measuring 360 sq. mtrs. situated at Community Centre, Karkardooma, Delhi-110092, as well as the right to sell the same.
2.That the said Allottee obtained approval of the building plan for construction of a commercial complex named "Approved building/complex name" on the said land, and, for the development of the said land, entered into a Development Agreement dated Date of development agreement (hereinafter referred to as the "*Development Agreement")* with M/s Developer's name (hereinafter referred to as the "*Corporate Debtor")*.
3.That accordingly, the said "V4 Tower" was duly constructed and developed by the Corporate Debtor, and, upon such construction and development being duly completed, an Occupancy Certificate vide letter dated Date of occupancy certificate letter bearing No. F-Occupancy certificate letter number was issued in favour of the Allottee.
4.That the Corporate Debtor purchased the complete basement at Plot No. Plot number, Community Centre, Karkardooma, Delhi, measuring a super area of Super area of basement (sq. ft.) sq. ft. and a covered area of 2796 sq. ft. (hereinafter the "Basement"), from Respondent No. 2 vide Space Buyer Agreement dated Date of Space Buyer Agreement. That subsequent to the said purchase, the Corporate Debtor divided the said Basement into two portions, namely the Unit herein, having a super area of 1937.50 sq. ft. (known as Basement-I), and Basement-II, having a super area of approximately 1400 sq. ft.
5.That, representing itself to be the complete owner of the said Basement, the Corporate Debtor sold the Unit (being Basement-I) to the Applicant vide Agreement to Sell dated Date of Agreement to Sell (hereinafter the "ATS") for a consideration of Rs. Sale consideration amount (₹)/- (the said amount having been paid vide cheques dated Dates of consideration cheques, and this fact being admitted by the said Corporate Debtor). That the said ATS was executed by the Corporate Debtor in favour of the Applicant only after receipt of the complete consideration amount, and the Corporate Debtor also issued a possession letter dated Date of possession letter to the Applicant, confirming the Applicant's possession.
6.That, starting from Date of start of applicant's possession, the Applicant has been in continuous, uninterrupted and exclusive possession of the said Unit, without any hindrance from any person whatsoever. That, as the complete building being Building number/address of property, Community Centre, Karkardooma, Delhi-Pincode of property is a leasehold property, the sale deed was not executed in favour of the Applicant, and only the said ATS was executed.
7.That in due course, when the said Tower was converted into freehold property, the Applicant made repeated requests to the said Corporate Debtor seeking registration of the sale deed in its favour, and was on every occasion assured that the same would be done shortly, but to no avail. During this period, numerous other unit owners in the said Tower also filed appropriate proceedings before the Hon'ble Karkardooma Court against the Corporate Debtor and the Respondent No. 2 seeking registration of their respective sale deeds; however, those matters were never adjudicated or concluded.
8.That it is pertinent to mention that, on account of certain ongoing disputes between the Respondent No. 2 and the Corporate Debtor, the sale deeds were never executed in favour of the respective purchasers. The consequence of this was that the sale deed was first required to be executed by the Respondent No. 2 in favour of the Corporate Debtor, and thereafter the said Corporate Debtor was required to execute sale deeds in favour of the respective unit owners, including the Applicant herein.
9.That amongst the several disputes between the Respondent No. 2 and the Corporate Debtor, one such dispute related to the said entire Basement, as the Respondent No. 2 had arbitrarily cancelled/terminated the Space Buyer Agreement dated Date of Space Buyer Agreement, being the agreement vide which the said Respondent No. 2 had sold the entire Basement to the Corporate Debtor. Accordingly, the Corporate Debtor initiated arbitration proceedings in respect of the said alleged termination, along with other reliefs and claims.
10.That vide an award dated Date of arbitral award (hereinafter referred to as the "Award"), the Ld. Arbitrator, amongst other reliefs and directions, held and directed as follows:
(a)That the termination by the Respondent No. 2 of the Space Buyer Agreement dated Date of Space Buyer Agreement was illegal and void;
(b)That the Respondent No. 2 was directed to execute a sale deed of the Basement in favour of the Corporate Debtor upon the Corporate Debtor paying to the Respondent No. 2, at the time of registration of the sale deed, a sum of ₹Conversion charges amount (₹)/- towards charges for conversion of the property from leasehold to freehold; that the Corporate Debtor would prepare all necessary papers for the execution of the sale deed and incur all expenses in that regard; and that if the Respondent No. 2 thereafter failed to execute the sale deed, the Registrar of the Delhi High Court or his nominee shall execute the sale deed and have it registered on behalf of the Corporate Debtor, and such Registrar/nominee shall be paid a fee of ₹Fee payable to respondent no. 2 (₹)/- by the Respondent No. 2.
•…
11.That it is pertinent to mention that the said Award was never challenged by the said Respondent No. 2, nor was any clarification of any manner whatsoever sought in respect thereof; hence, the said Award attained finality. In terms of the said Award, it was categorically held that the Space Buyer Agreement dated Date of Space Buyer Agreement, vide which the Corporate Debtor became the owner of the said Basement, was never violated by the Corporate Debtor (the sale of the year 2007 to the Corporate Debtor thus remaining subsisting and valid), and that the said Basement was not the property of the Respondent No. 2. Consequently, the only condition imposed upon the Corporate Debtor for the execution of the sale deed was the payment of the conversion charges.
12.That the said relief was neither a time-bound relief nor a conditional relief; therefore, it could not, in any manner whatsoever, have been interpreted or understood that, in the event the said Corporate Debtor failed to make payment of the said conversion charges, the right to seek execution of the sale deed would be lost, or that the said Basement would become the property of the Respondent No. 2.
13.That with the passage of time, the said Corporate Debtor was declared insolvent by the Hon'ble NCLT. Accordingly, the said unit owners, who had earlier filed proceedings against the Respondent No. 2 and the Corporate Debtor before the Hon'ble Karkardooma Court seeking registration of their sale deeds, filed an application bearing No. I.A. I.A. number of other unit owners' NCLT application of 2023 (hereinafter referred to as the "NCLT Application") before the Hon'ble NCLT seeking the relief of registration of sale deeds. That in the said NCLT Application, notice has already been issued by this Hon'ble Tribunal to the Corporate Debtor and the Respondent No. 2; furthermore, the Corporate Debtor, through the Ld. RP, has filed its reply therein, wherein it has already agreed to waive its right to have the registration of the other units effected in its favour, and has agreed that the same be registered directly in favour of the respective unit owners.
14.That the simple understanding is that as and when the said payment is made, the said Respondent No. 2 will execute the sale deed; and if this is not done, then (taking the best-case scenario from the standpoint of the Respondent No. 2 and without prejudice to the rights of the Applicant) the said Respondent No. 2 would be entitled to claim interest and other dues upon the conversion charges payable, as and when the sale deed in respect of the said Basement is executed by the Respondent No. 2 in favour of the Corporate Debtor. However, the Corporate Debtor now being in insolvency proceedings, the said Respondent No. 2 can only file its claim before the Ld. RP, if not already filed, seeking payment of the said amount due under the Award, and is nevertheless obligated to have the registration effected in favour of the Applicant herein, with the Corporate Debtor having waived its right to seek registration in its own favour first.
J.That it is pertinent to mention that the Corporate Debtor is presently undergoing the CIRP and is already in a financially strained position. If the above-mentioned course were to be followed, the Corporate Debtor would have to incur the necessary expenses and pay stamp duty etc. for the purpose of first getting the said Unit registered in its own name, and thereafter execute the required sale deed in favour of the Applicant. Consequently, substantial monetary resources of the Corporate Debtor would be utilised, without any gain or advantage whatsoever accruing to the Corporate Debtor.
K. That in view of the abovementioned facts and circumstances, and further relying upon Section 53A of the Transfer of Property Act, read with the judgment of the Hon'ble Supreme Court in the matter titled "Title of Supreme Court judgment" dated Date of Supreme Court judgment, the transfer as well as the sale had duly taken place, and the only obligation remaining upon the Corporate Debtor was to execute and register a sale deed to that effect in favour of the said Applicant, being a bonafide purchaser. Neither can the said Basement be termed to be the property of the Judgment Debtor, nor that of any third party; hence, the present application seeking appropriate directions to the said effect.
L.That no other or similar application has been filed by the Applicant herein, nor is any such application pending before this Tribunal under Section 60(5)(c) of the I&B Code, 2016, in respect of the said Unit. However, other unit owners have already filed an application bearing No. I.A. number of other unit owners' NCLT application of 2023 before the Hon'ble NCLT seeking the relief of registration of sale deeds. That in the said NCLT Application, notice has already been issued by this Hon'ble Tribunal to the Corporate Debtor and the Respondent No. 2; furthermore, the Corporate Debtor, through the Ld. RP, has filed its reply therein, wherein it has already agreed to waive its right to have the registration of the other units effected in its favour, and has agreed that the same be registered directly in favour of the respective unit owners.
M. That the present application is bonafide in nature and is made in the interest of justice. Further, the Applicant has paid the requisite fees towards the filing of the present application, and undertakes to pay any additional fees, if required and so directed. That no prejudice shall be caused to any party if the present application is allowed.
PRAYER
In the facts and circumstances stated above, the Applicant most respectfully prays that this Hon'ble Tribunal may be pleased to pass:
a.An order allowing the present application;
b.An order directing Respondent No. 1 to waive its right seeking registration of the unit/Basement-I, admeasuring approximately Area of unit (sq. ft.) sq. Unit of area (ft.), Address of the unit/Basement-I, in its favour from Respondent No. 2;
c.An order directing the Applicant/unit owner to directly make payment of, or towards, the applicable registration charges, stamp duty and other applicable charges for the registration of the sale deed of/for/pertaining to its unit/Basement-I admeasuring approximately Area of unit (sq. ft.) sq. Unit of area (ft.), Address of the unit/Basement-I, with the concerned government authority/entity/party, and to seek and obtain an appointment with the concerned Sub-Registrar for the purpose of registration of the sale deed;
d.An order directing Respondent No. 2 to execute the sale deed of/for/pertaining to the unit/Basement-I admeasuring approximately Area of unit (sq. ft.) sq. Unit of area (ft.), Address of the unit/Basement-I, directly in favour of the Applicant herein, and further to remain present before the concerned Sub-Registrar for the purpose of registration of the same;
OR, IN THE ALTERNATIVE
An order appointing a Local Commissioner to execute the sale deed directly on behalf of Respondent No. 2, of/for/pertaining to the unit/Basement-I admeasuring approximately Area of unit (sq. ft.) sq. Unit of area (ft.), Address of the unit/Basement-I, in favour of the Applicant herein, and further to remain present before the concerned Sub-Registrar for the purpose of registration of the same;
and
e.Such other and further orders as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
APPLICANT
THROUGH
Advocate's name
ADVOCATES
Advocate's address
Mobile: Advocate's mobile number
Email: Advocate's email address
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
NCLT bench
I.A. NO. Interlocutory application number OF Year of the interlocutory application
IN
C.P. (IB)-C.P. (IB) case number/ND/Year of the C.P. (IB) case
IN THE MATTER OF:
Financial creditor's name
PVT. LTD.…..FINANCIAL CREDITOR
VERSUS
Corporate debtor's name. ….CORPORATE DEBTOR
AND IN THE MATTER OF:
Applicant's name…APPLICANT
VERSUS
First respondent's name. & ANR. …RESPONDENTS
AFFIDAVIT OF Deponent's name, S/O SH. Deponent's father's name Deponent's surname, R/O Deponent's address, WHO DOES HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:
1.That I, the Deponent, am the Applicant in the above-mentioned application, and as such I am competent and fully conversant with the facts of the present case.
2.That the accompanying application has been prepared by my Advocate under my instructions and is based on the information and documents provided by me. That the contents of paragraphs A to L of the said application are true and correct to the best of my knowledge and belief.
DEPONENT
VERIFICATION
Verified at Place of verification on Date of verification that the contents of the above affidavit are true and correct to the best of my knowledge and belief, and that nothing material has been concealed therefrom.
DEPONENT