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Mitsui Osk Lines Ltd (Japan) vs Orient Ship Agency Pvt. Ltd. (Res) And ... on 7 February, 2020 cites

Jawahar Lal Nehru Hockey Tournament ... vs M/S. Radiant Sports Management Pvt. ... on 7 November, 2008

He has further placed reliance on the decision in 21 2010 SCC Online Del 538 81/108 February 7, 2020 ::: Uploaded on - 07/02/2020 ::: Downloaded on - 08/02/2020 03:53:44 ::: CHS-157-19-Jt.doc Anirban Roy & Anr. Vs. Ram Kishan Gupta & Anr .22 which judgment considers the judgment of V.K. Uppal (supra) and Jawahar Lal Nehru Hockey Tournament Society (supra) and submitted that this decision has arrived at important findings, which are, that the Executing Court cannot go behind the decree and can execute the decree as per its form only; and if the decree is against the company, the Executing Court cannot execute the decree against anyone other than the Judgment Debtor company or against the assets and properties of anyone other than the Judgment Debtor company and that the identity of a director or a shareholder of a company is distinct from that of the company which is the very genesis of the company or a corporate identity or juristic person. He has submitted that the Chamber Summons has sought for the Executing Court to do precisely what is impermissible as held in the above decision. He has thus, submitted that the Chamber Summons is absolutely perverse and without any merit and is required to be dismissed at the outset with costs.
Delhi High Court Cites 1 - Cited by 4 - A K Sikri - Full Document

K.K. Modi Investment & Financial ... vs Apollo International Inc. & Ors. on 31 October, 2014

He has further placed reliance on the decision in 21 2010 SCC Online Del 538 81/108 February 7, 2020 ::: Uploaded on - 07/02/2020 ::: Downloaded on - 08/02/2020 03:53:44 ::: CHS-157-19-Jt.doc Anirban Roy & Anr. Vs. Ram Kishan Gupta & Anr .22 which judgment considers the judgment of V.K. Uppal (supra) and Jawahar Lal Nehru Hockey Tournament Society (supra) and submitted that this decision has arrived at important findings, which are, that the Executing Court cannot go behind the decree and can execute the decree as per its form only; and if the decree is against the company, the Executing Court cannot execute the decree against anyone other than the Judgment Debtor company or against the assets and properties of anyone other than the Judgment Debtor company and that the identity of a director or a shareholder of a company is distinct from that of the company which is the very genesis of the company or a corporate identity or juristic person. He has submitted that the Chamber Summons has sought for the Executing Court to do precisely what is impermissible as held in the above decision. He has thus, submitted that the Chamber Summons is absolutely perverse and without any merit and is required to be dismissed at the outset with costs.
Delhi High Court Cites 22 - Cited by 10 - J Nath - Full Document
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