# In the matter of Jaju Babu vs. National Company Law Tribunal & Ors.

> HC judgment dated 2025-07-17. Citation: TCN-2025-HC-00076. The petitioner, Jaju Babu, a homebuyer in Kerala Trade Centre, filed a writ petition to quash the…

- **Court:** HC
- **Order date:** 17 Jul 2025
- **Citation:** TCN-2025-HC-00076
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/bombay-high-court-panaji/jaju-babu-vs-national-company-law-tribunal-ors-68be31ce

## Summary

### Background

The petitioner, Jaju Babu, a homebuyer in Kerala Trade Centre, filed a writ petition to quash the order of the National Company Law Tribunal (NCLT) directing the Resolution Professional to reject the claims of home buyers, including the petitioner, and to reconstitute the Committee of Creditors (CoC).

## Facts

The petitioner, Jaju Babu, is a homebuyer in Kerala Trade Centre at Marine Drive, Cochin.

The petitioner entered into an agreement for sale and construction with the corporate debtor, M/s. Cherupushpam Films Pvt. Ltd.

Loans were availed for the construction from the South Indian Bank, Ernakulam.

The 2nd respondent, Phoenix ARC Private Limited, filed a petition before the NCLT seeking to initiate proceedings against the corporate debtor.

The petitioner and other creditors filed their claims before the Resolution Professional and were included in the CoC.

The 2nd respondent filed an application seeking rejection of the claims of home buyers and reconstitution of the CoC.

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## Issues and analysis

### Issue 1: Whether the order passed by the 1st respondent (NCLT) directing the Resolution Professional to …

**Ratio:** The order is not justified if it

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**Reasoning:** The NCLT's order was based on an affidavit filed by the 2nd respondent after the hearing

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**Interpretation:** The principles of natural justice require that parties be given a fair

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**Application:** The High Court found that the NCLT's order violated the principles of natural

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## Parties

- **Judges:** T.R.R…
- **Appellants:** Jaju…
- **Respondents:** M/s.Cherupushpam…; Phoenix Arc…; +4 more
- **Other parties:** Kalabu…
- **Advocates:** Terry V.…; P.B.Kri…; +5 more

## Timeline

- **2003-12-08 — Agreement…**: Agreement between the corporate debtor and M/s.Cherupushpam Films Pvt. Ltd. to construct…
- **2022-10-10 — Petition…**: The 2nd respondent, Phoenix ARC Private Limited, filed a petition before the first…

## 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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