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ARTICLE · 28 APRIL 2020

Lifting Of Corporate Veil In Execution Proceedings

Khaitan & Co.
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The concept of a company's character and legal identity being separate and independent from its members and shareholders...

IndiaLitigation, Mediation & Arbitration

Introduction

The concept of a company's character and legal identity being separate and independent from its members and shareholders, and having its own set of legal rights and obligations, was propounded in the celebrated English case of Salomon v A Salomon & Co Ltd.1 The essence of separate corporate personality of a company forms one of the fundamentals of company law and the bedrock of all commercial and business arrangements. Notably, a corporate veil is a metaphoric veil, which separates the company from its members, while preventing transmission of any liability on either side.

However, given the complexity of commercial transactions today and ensuing illegalities, an exception to the rule and principle of the company as a separate legal entity has developed. The doctrine of "lifting / piercing the corporate veil" disregards the separate legal personality of the company and attributes the acts of the company to those directly exercising real control over

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