Supreme Court of India
Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority (gnida)
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What the Court ordered
We are of the opinion that by adopting the policy to some extent to suit the present situation, the successful resolution applicants, Alpha and Roma, can be permitted to proceed with their resolution plans to complete the projects, viz., Earth Towne, Earth Sapphire Court and Earth TechOne, while protecting the interests of GNIDA also.
Judgment, page 37
From the headnote
Issue for Consideration Issues arose inter alia as to whether in the Corporate Insolvency Resolution Process (CIRP) proceedings of the Corporate Debtor- Earth Infrastructures Limited, the assets of the land holding companies, i.e., subsidiary of the Corporate Debtor could be treated to be assets of the Corporate Debtor; whether assets of the subsidiary companies can be dealt with in CIRP of holding Company; whether the present is a fit case to lift the corporate veil. Headnotes† Insolvency and Bankruptcy Code, 2016 – CIRP of holding Company – Lifting of corporate veil – In the CIRP
Authorities it was built on
- 2012 Vodafone International Holdings B.V. v. Union of India & Anr.
- 1985 Life Insurance Corporation of India v. Escorts Ltd, & Ors.
- 2018 Arcelormittal India Private Limited v. Satish Kumar Gupta & Ors.
- 2011 Noida Entrepreneurs Association v. Noida & Ors.
- 2021 Jaypee Kensington Boulevard Apartments Welfare Association & Ors. v. Nbcc (india) Ltd. & Ors.
- 2019 Municipal Corporation of Greater Mumbai (mcgm) v. Abhilash Lal & Ors.
- 2023 M/s. Rps Infrastructure Ltd. v. Mukul Kumar & Anr.
- 2025 Mansi Brar Fernandes v. Shubha Sharma and Anr.
- 2024 Brs Ventures Investments Ltd. v. Srei Infrastructure Finance Ltd. & Anr.
- 2024 Greater Noida Industrial Development Authority v. Prabhjit Singh Soni & Anr.
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