A rercovery proceeding was initiated against one of our group companies at DRT -II, New Delhi for recovery of its dues from us . The tribunal had asked us to file an affidavit of assets of the company along with our written statements, which we complied with. Now due to certain prior agreements the company needs to transfer a portion of its shareholdings to a another party. In doing so the asset strutcher of the company will be changed as its shareholding is being transfered. Now, as we have already filed an affidavit of assets at the DRT-II New Delhi we need to ammend the same. Is it possible to ammend an affidavit of asset ? Please do explain me the procedure to do so ?
There is difference between filing additional affidavit and amendng an affidavit. For amending an affidavit already filed you have to take permission from the court, for filing an additional affidaviat prior permission from court is not necessary .
So can it be possible to file an additional affidavit in my case or is amendment of the affidavit the only option ? Kindly tell me the proceedure for amending an affidavit ? And, will the court allow such an amendment when a substantial portion of asset is being transfered to a third party especially in a recovery matter ?