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The HC quashed attachment orders dated 19.01.2013, 17.02.2014, and 01.05.2015 against directors' personal properties under the Gujarat Value Added Tax Act, 2003. Following precedent in MR Choksi, the court reiterated that corporate veil cannot be lifted without strong factual foundation, which was absent in this case. The court emphasized that personal properties of directors cannot be attached to secure company dues, as this issue is no longer res integra. The respondents failed to establish any basis for disregarding the company's separate legal personality to pursue directors personally. Petition allowed.
The HC quashed attachment orders dated 19.01.2013, 17.02.2014, and 01.05.2015 against directors' personal properties under the Gujarat Value Added Tax Act, 2003. Following precedent in MR Choksi, the court reiterated that corporate veil cannot be lifted without strong factual foundation, which was absent in this case. The court emphasized that personal properties of directors cannot be attached to secure company dues, as this issue is no longer res integra. The respondents failed to establish any basis for disregarding the company's separate legal personality to pursue directors personally. Petition allowed.
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