Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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The High Court allowed the petition and quashed the impugned recovery proceedings, recovery certificate order, and attachment order issued by the authorities to recover outstanding dues from the estate of a deceased director of the company M/s Oren Kitchen Appliances Pvt. Ltd. The Court held that the recovery proceedings were initiated after the director's death, without providing an opportunity of hearing as required under the relevant provisions. Additionally, the Court relied on the legal position that the corporate veil cannot be lifted lightly, and no specific order fastening personal liability on the directors had been passed by the authorities. Consequently, the recovery actions against the deceased director's estate were held unsustainable and quashed.
The High Court allowed the petition and quashed the impugned recovery proceedings, recovery certificate order, and attachment order issued by the authorities to recover outstanding dues from the estate of a deceased director of the company M/s Oren Kitchen Appliances Pvt. Ltd. The Court held that the recovery proceedings were initiated after the director's death, without providing an opportunity of hearing as required under the relevant provisions. Additionally, the Court relied on the legal position that the corporate veil cannot be lifted lightly, and no specific order fastening personal liability on the directors had been passed by the authorities. Consequently, the recovery actions against the deceased director's estate were held unsustainable and quashed.
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