Corporate veil can be lifted to enforce arbitral awards against shareholders of a company – Observes Delhi High Court

Corporate veil can be lifted to enforce arbitral awards against shareholders of a company – Observes Delhi High Court

The Delhi High Court in the order passed In the matter of Delhi Airport Metro Express Private Limited Vs., Delhi Metro Rail Corporation Ltd., observed that the court has the power to lift corporate veil and enforce a decree, order or an award against the shareholders of the company.

In the instant matter, the Delhi High Court disregarded the fact of a company being a distinct legal entity and by virtue of applying the doctrine of lifting of corporate veil held that the applicability of the doctrine can be invoked in circumstances where the public interest or public policy demands piercing of the corporate veil.

The High Court of Delhi, relying upon various Supreme Court judgments, re-iterated that the doctrine of lifting of corporate veil cannot be limited to cases of fraud or sham. This doctrine can very well be invoked in cases where the equity and the ends of justice demands the invocation of the same.

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