COMPANY APPLICATION No. ________ of 2013 C.A No. of 2013 C.P No.

202 of 1981 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the Matter of: Companies Act, 1956 -ANDIn the Matter of: An application under Section 446(2) and Section 529 A of the Companies Act, 1956 -ANDIn the Matter of : Company (Court) Rules, 1959; -ANDIn the Matter of : Rule 9 of the Said Rules; -AND-

In the Matter of : An Application for Release of Interim Payments; -ANDIn the Matter of : Oriental Metal Industries Ltd. (In liquidation), represented through the Official Liquidator, High Court at Calcutta, 9 Old Post Office Road, 5th Floor, Kolkata 700 001 -ANDIn the Matter of : Phoenix ARC Ltd., a company incorporated under the Companies Act, 1956 and registered as a Securitisation And Asset Reconstruction Company pursuant to the Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and having its registered office at 7th Floor, Dani Corporate Park, 158 C.S.T Road, Kalna, Santacruz (E), Mumbai 400098; Applicant -AND-

The Official Liquidator, High Court, Calcutta, the legal representatives of Oriental Metal Industries Ltd. (In Liquidation), having its office at 9, Old Post Office Street, 5th Floor, Kolkata 700001 Respondent

AFFIDAVIT OF COMPETENCY

I, Amit Kumar Gupta son of [], aged about [], by faith [],working for gain at Phoenix ARC Private Limited acting as Trustee of Phoenix Trust-FY11-1 having its registered office at 7th Floor, 158 CST Road, Kalina, Santacruz (E), Mumbai 400 098, India, presently camping at 224 AJC Bose Road, do hereby solemnly affirm and declare as under:-

1. That I am the constituted Attorney of the Applicant abovenamed and am well

acquainted with the facts of the case and am duly authorized to affirm the same.
2. That I am competent and authorized, inter alia, to institute, commence and

prosecute all action and proceedings including filing of petitions, affidavits, written statements, appeal terms of settlements by and / or on behalf of the respondent company and for the purpose to execute, sign, affirm, verify and file written statements, petitions, Vakalatnama, affidavits, applications

including petitions/ applications and all other papers and documents as may be necessary in the premises and to appoint counsel in connection with such actions and proceedings.

3. That the statements contained in all the paragraphs of the foregoing affidavit

are true to my knowledge.

Solemnly affirmed by the said Amit Kumar Gupta in the Court House at Calcutta on this ______ day of November, 2013.

Before me

Commissioner