% 07.07.2009 61# Present: Mr. SandeepSharma,Advocatefor the appellant. + CM Appl. No. 8994/2009(exemption) Exemptionis allowed,subjectto just exceptions. CM Appl. No. 8995/2009(condonation of delay) For the reasons stated in this application, delay in filing the presentappeal is condoned. EFA (OS) No. 23/2009 and CM Appl. No. 8993/2009 In the execution petition filed by the respondent/ decree holder, the leaned Single Judge has passed orders dated 04.05.2009 attachingpropertybearingNo. 62, SunderNagar,New Delhi,whichisin the nameofMr. SanjeevDesai,Directorofthe appellant/judgment debtor company. The learned SingleJudge has primafacie observed that it is a fit case for liftinga corporateveil. Since remedy of filing objectionsto the said judgment is available to Mr. Sanjeev Desai, who is allegedly the owner of the said property, it would be open to him to contend that it is not a casewhere the principleofliftingof corporateveil canbe invoked. We are of the opinion that the observations made in the impugnedorder are tentativeand primafacie in nature and oncetheentire Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified H matErial is plac6d bGfor© the learned Single Judge, the learned Single Judge shall determinethis issue authoritativelyat that stage. In view of this clarificationgiven, the learned counsel for the appellant, seeks permissionto withdraw this appeal. Thisappeal is dismissedaswithdrawn. VALMIKI J. MEHTA,J. July 07, 2009 pmc