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2016 Supreme(Bom) 1146

V.M.KANADE, REVATI MOHITE DERE
Bhatia Industries & Infrastructure Limited – Appellant
Versus
Asian Natural Resources (India) Limited (formerly Bhatia International Limited) – Respondent


Advocates Appeared:
For the Appellant : Mr. Mustafa Doctor Senior Counsel with Mr. P. Sisodia, Senior Counsel with Mr. Kezer Kharawala i/b Lex Juris.
For the Respondent: Mr. Zal Andhyarujina with Ms. Naira Jeejeebhoy, Mr. Aditya Krishnamurthy, Ms. Zeena Golwalla, Mr. Abraham Varughese, Mr. Anil Vishnoi i/b Bose and Mitra and Co., Mr. M.R. Mandavgade, OSD, Court Receiver a/w Mr. Ashok Yadav, Section Officer, Court Receiver's Office, present.

JUDGMENT :

V.M. Kanade, J.

1. Appellant is challenging the order passed by the learned Single Judge who was pleased to extend the precept order which was passed under Section 46 of the Civil Procedure Code in execution proceedings taken out by the Respondent-Award Holder/Judgment Creditor.

2. The questions which fall for consideration in this Appeal are as under:-

(i) In which cases corporate veil can be lifted by the Court and whether the concept of lifting of corporate veil is also available in execution proceedings?

(ii) Whether the learned Single Judge was justified in lifting the corporate veil in this case and whether the learned Single Judge was further justified in coming to the conclusion that BIIL and BIL was a single economic entity?

(iii) Whether any interference is called for in the order passed by the learned Single Judge?

3. Brief facts which are relevant for the purpose of deciding this appeal are as under:-

4. An International Award came to be passed in favour of Respondent – Vitol S.A. and against Bhatia International Limited (“BIL”) on 17/01/2011. As a result of the

































































































































































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