# Monitoring Committee of Earth Towne Project Earth Infrastructures Limited vs. Earth Towne Infrastructure Private Limited & Ors.

> SC judgment dated 2026-10-05. Citation: TCN-2026-SC-00109. The appeal was filed by the Monitoring Committee of Earth Towne Project, Earth Infrastructures…

- **Court:** SC
- **Order date:** 5 Oct 2026
- **Citation:** TCN-2026-SC-00109
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/monitoring-committee-of-earth-towne-project-earth-infra-6lca2

## Summary

### Background

The appeal was filed by the Monitoring Committee of Earth Towne Project, Earth Infrastructures Limited, challenging an Impugned Order dated 01.06.2026 passed by the National Company Law Tribunal (NCLT), New Delhi. This order admitted a Section 7 petition under the Insolvency and Bankruptcy Code, 2016 (IBC) against Earth Towne Infrastructure Private Limited (ETIPL) and initiated its Corporate Insolvency Resolution Process (CIRP). ETIPL is the land-owning Special Purpose Company for the 'Earth Towne' project. Crucially, the Hon'ble Supreme Court had, on 05.05.2026, restored the Resolution Plan of Earth Infrastructures Limited (EIL) for the same project, lifting the corporate veil between EIL and ETIPL and treating ETIPL as a 'front' for EIL. The appellant argued that the

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## Facts

The present appeal is filed by the Monitoring Committee of Earth Towne Project, Earth Infrastructures Limited, under Section 61 of the IBC, 2016.

The appeal challenges an Impugned Order dated 01.06.2026 passed by the NCLT, New Delhi, which admitted a Section 7 petition against Earth Towne Infrastructure Private Limited (ETIPL) and initiated CIRP.

ETIPL is the land-owning Special Purpose Company for the 'Earth Towne' project.

The Hon'ble Supreme Court, by its judgment dated 05.05.2026, restored the Resolution Plan of Earth Infrastructures Limited (EIL) for the 'Earth Towne' project.

The Supreme Court lifted the corporate veil between EIL and ETIPL, finding ETIPL to be a 'front' for EIL.

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## Issues and analysis

### Issue 1: Whether the Appeal at the instance of the Monitoring Committee is maintainable, and whether this …

**Ratio:** An appeal under Section 61(1) of the Code is maintainable by 'any person aggrieved' whose

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**Reasoning:** The Monitoring Committee was constituted to supervise and implement EIL's resolution

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**Interpretation:** The term 'person aggrieved' under Section 61(1) is to be interpreted broadly,

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**Application:** The Monitoring Committee, being directly entrusted with the supervision and

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## Parties

- **Judges:** Mohammad Faiz…; Naresh Sa…
- **Appellants:** Monitoring…; Satyabrata…; +1 more
- **Respondents:** Earth Towne…; Rajiv B…; +1 more
- **Other parties:** Committee of…; Common directors…; +6 more
- **Advocates:** Ekta Chou…; Aakash…; +3 more

## Timeline

- **2010-03-19 — Land Allo…**: GNIDA allotted Plot No. GH-04, Sector-01, Greater Noida, measuring 73,942 sq. mtrs., to a…
- **2010-07-21 — ETIPL Incorp…**: Earth Towne Infrastructure Private Limited (ETIPL) was incorporated as a Special Purpose…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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