AJAY GUPTA AND ANR. vs AMIT SALES CORPORATION PVT. LTD. AND ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:03.07.2025 + C.R.P. 303/2024 & CM APPL. 61563/2024 AJAY GUPTA AND ANR. .....Petitioners versus AMIT SALES CORPORATION PVT. LTD. AND ANR. .....Respondents Advocates who appeared in this case: For the Petitioners : Mr. Siddharth Handa and Mr. Manu Padalia, Advs. For the Respondents : Mr. Amrendra Nath Shukla, Mr. Saurabh Malik and Mr. Suraj Sharma, Advs. for R-1. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed against the order dated 13.09.2024 (hereafter ‘impugned order’) passed by the learned District Judge, Commercial Court, Saket Courts, Delhi in Execution (Comm) 548/2023 whereby the objection filed by the petitioners against the lifting of corporate veil qua the directors of Respondent No. 2 company/petitioners was dismissed. Signature Not Verified Signed By:DEEPANSHU Signing Date:05.07.2025 C.R.P. 303/2024 Page 1 of 13 18:59:36 2. Briefly stated, a suit for recovery was filed by Respondent No. 1 against Respondent No. 2 company. Respondent No. 1 company dealt in the business of supply of steel pipes and tubes of various types and had been supplying goods/materials to Respondent No. 2 company for its various projects as per its demands since April, 2012 against purchase orders. It is the case of Respondent No. 1 that they had been maintaining a running account for the goods supplied and also for the payments received from the defendant-company. According to the said running account, a sum of ₹89,84,570/- remained outstanding. 3. Thereafter, Respondent No. 2 admitted to its liability and issued three cheques towards part payment of the outstanding amount. Out of the three cheques, one cheque for a sum of ₹50,00,000/- was presented for encashment, however, the same returned