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2020 (1) TMI 904 - DELHI HIGH COURTAttachment of property of petitioner company - separate legal entity of corporation or a company - doctrine of the piercing of corporate veil - HELD THAT:- It is not in dispute that property/cars belonging to M/s OIS Advanced Technology Pvt. Ltd. and registered in the name of company M/s CIS Advanced Technology Pvt. Ltd., being a corporate entity, does not in any manner mean that it is distinct than that of Sanjay Bhandari, who is absconding accused. While passing impugned order, learned Trial Court has given two reasons; firstly, majority shareholding belongs to Sanjay Bhandari; secondly, it is a private limited company and the word ‘belonging to’ under Section 83 Cr.P.C. is of widest amplitude. Even if the fact that the cars should not have been attached is excluded, then the shareholding of the company would have to be attached and in that scenario, the company would by itself become dysfunctional because 90 percent of the shareholding in the company would have been attached. Apart from that, there is also an established doctrine of lifting the corporate veil - The further fact that Corporate Entity was used to perpetuate the illegal activities of the absconding accused person is also a factor to be borne in mind. Under Section 84 Cr.P.C., the objection has to be filed by any person other than the proclaimed person. Considering the share holding in the company of M/s. OIS Advanced Technology Pvt. Ltd., the Trial Court found no merit in the plea of the petitioner that the company is a distinct corporate entity, separate from the individual and the property whereof cannot be attached. That being the situation, learned Court below was not inclined to set aside the order/ recall the order of attachment of properties of the company M/s OIS Advanced Technology Pvt. Ltd. Petition dismissed - decided against petitioner.
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