Insolvency Resolution Process

Lifting the Corporate Veil under the IBC: Supreme Court’s Verdict in Alpha Corp Development v. GNIDA

Summary: In a significant ruling pronounced on May 5, 2026, the Supreme Court of India in Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority lifted the corporate veil between Earth Infrastructures Limited and its wholly-owned subsidiaries, upholding resolution plans approved under the Insolvency and Bankruptcy Code, 2016. The judgement offers important insight into when the courts are likely to pierce corporate separateness in the insolvency context. It also sends an equally pointed message to statutory authorities that procedural inaction carries its own legal consequences.

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claim for refund of advance amount

Introduction

Since the enactment of the Insolvency and Bankruptcy Code, 2016, (“IBC”), the Indian judiciary has been facing numerous interpretational challenges on various provisions of the IBC. While certain challenges have been put to rest by introducing amendments to the legislation, a larger bunch of the issues have been settled by interpretations adopted by the judiciary. The Courts and Tribunals, in interpreting the provisions of the IBC, have aspired to achieve the objective of the IBC, i.e. maximising the value of assets of the corporate debtor.Continue Reading Is Claim for Refund of Advance an ‘Operational Debt’? SC Comes to Rescue

‘CASH ONLY’ to dissenting financial creditors - Supreme Court in Jaypee

The Supreme Court’s judgment in Jaypee Kensington Boulevard Apartments Welfare Association & Ors vs. NBCC (India) Ltd. & Ors.[1] (“Jaypee Decision”) has laid down some new requirements whilst reinforcing several old ones in relation to the insolvency resolution regime of the country. In this article, we examine and discuss the implications of the rights of dissenting financial creditors as held in the Jaypee Decision on the corporate insolvency resolution process.
Continue Reading ‘CASH ONLY’ to dissenting financial creditors – Supreme Court in Jaypee