TMI Blog2019 (7) TMI 1457X X X X Extracts X X X X X X X X Extracts X X X X ..... be held liable - it is well settled that in the absence of any specific provision in the statute, company cannot be held liable for the surety given by its director in his individual and personal capacity. Petition allowed - decided in favor of petitioner. - CWP No.328 of 2019 - - - Dated:- 19-3-2019 - MR. AJAY KUMAR MITTAL AND MRS. MANJARI NEHRU KAUL, JJ. Present: Mr. S.K.Yadav, Advocate for the petitioner. Ms. Mamta Singla Talwar, DAG, Haryana. JUDGMENT Prayer in this petition filed under Articles 226/227 of the Constitution of India is for quashing the order dated nil Annexure P.9 whereby the representation of the petitioner-company dated 12.10.2018, has been rejected. Further prayer h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any surety for the said Trader, it submitted a representation to respondent No.2 to withdraw his direction issued vide letter dated 3.10.2018 to the Bank as no such resolution was ever given by the Company to the Excise and Taxation department. Since the petitioner company was suffering business losses daily due to seizure of its bank account and the Excise and Taxation Officer was not deciding its representation, the petitioner company filed CWP No.28937 of 2018 in this Court. Vide order dated 16.11.2018, Annexure P.7, the said writ petition was disposed of with a direction to respondent No.2 to take a decision on the representation of the petitioner company by passing a speaking order and affording an opportunity of hearing to it. Thereaf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pany is arbitrary and illegal. 6. On the other hand, learned counsel for the State tried to justify the action of the respondents by submitting that Shri Vinod Kumar who was Director of the petitioner-company, had stood surety in respect of the liability of M/s Gayatri Steel Traders and it was on this ground that the amount was recovered. 7. After perusing the averments made in the petition, written statement and hearing learned counsel for the parties, we find that the petitioner company itself did not stand surety for M/s Gayatri Steel Traders, Ambala City nor any resolution was given by it to the Excise and Taxation Department. Infact, one of its Directors Shri Vinod Kumar stood surety for the said firm in his individua ..... X X X X Extracts X X X X X X X X Extracts X X X X
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