IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 3247 of 2004 MAHENDRA AGARWAL V/S UNION OF INDIA & ORS Mr. ANJAY KOTHARI, for the appellant / petitioner Mr. KK BISSA, Mr.VINAY JAIN, for the respondent Date of Order : 16.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- It is informed by learned counsel for the Revenue that writ petition No.377/2001 challenging the attachment of the properties of the Director for effecting the recovery of the outstandings against the company has already been disposed of with a liberty to the petitioner to file appeal, and the appeal has already been filed. Obviously, if in that appeal, the petitioner succeeds in his stand that Section 179 does not attract the liability of the petitioner, who was the Director during the period, to which the assessment relates, obviously the proceedings impugned would go. In that view of the matter, this writ petition is dismissed with the clarification that the action impugned in this writ petition would be subject to out come of that appeal. ( N P GUPTA ),J. /tarun/