Today, Delhi High Court has pronounced a judgment
(Ved Prakash v. Union of India & Ors.) wherein an issue, regarding the
liability of director for the acts of the company, had arisen. One significant question
that had arisen in the petition was - whether the penalty imposed upon the Company
can be recovered from its Directors?
Facts:
The
petitioner, in the instant case, claimed to be the Director of M/s. Hitkari China
Limited (“Company”). The Company, in 1997, received an advance licence
for import of certain goods subject to the condition that the company would
fulfil the export obligations of Rs. 1,24,25,099/-. Since the company failed to
discharge this obligation of export, a penalty of Rs. 2,51,81,335/- was imposed
on it. When penalty was not paid, a recovery notice was sent to the
Govt. of NCT which, in turn (via. Asst. Collector), issued a notice to four
persons (including the petitioner) requiring them to deposit the amount of Rs. 2,51,81,335/-. It is this notice
against which the petitioner filed this writ petition before the Delhi High
Court.
