# In the matter of Jacob PP vs. National Company Law Tribunal, Kochi Bench,

> HC judgment dated 2025-11-28. Citation: TCN-2025-HC-00079. The writ petition challenges the order dated 19.11.2025 passed by the National Company Law Tribunal…

- **Court:** HC
- **Order date:** 28 Nov 2025
- **Citation:** TCN-2025-HC-00079
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-kochi-bench/jacob-pp-vs-national-company-law-tribunal-kochi-bench-a30a33f9

## Summary

### Background

The writ petition challenges the order dated 19.11.2025 passed by the National Company Law Tribunal (NCLT), Kochi Bench, in CP(IB)28/KOB/2025, specifically regarding the non-appointment of Mr. Jasin Jose as the Insolvency Professional proposed by the petitioners.

## Facts

The petitioners are thirty home buyers and allottees of a residential project named 'Skywings project' at Kakkanad and are financial creditors.

The petitioners initiated proceedings before the National Company Law Tribunal, Kochi Bench, under Section 7 of the Insolvency and Bankruptcy Code, 2016, seeking initiation of corporate insolvency resolution.

The NCLT, Kochi, admitted the Section 7 application and declared a moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

The NCLT declined to appoint Mr. Jasin Jose, the Insolvency Professional proposed by the petitioners, citing his involvement in multiple ongoing assignments.

The NCLT appointed Mr. Jossy Steephen Kattur from the IBBI panel as the Interim Resolution Professional.

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## Issues and analysis

### Issue 1: Whether the NCLT was justified in declining to appoint the Insolvency Professional proposed by the …

**Ratio:** The NCLT's decision to decline the appointment of the proposed Insolvency Professional

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**Reasoning:** The court considered Regulation 7B of the Insolvency and Bankruptcy Board of India

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**Interpretation:** The court interpreted the regulations to mean that an insolvency professional

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**Application:** The court noted that the learned counsel for the 4th respondent submitted that

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## Parties

- **Judges:** VIJU AB…
- **Appellants:** Jacob…; TONY THOMAS &…; +54 more
- **Respondents:** ALKA VENTURES…; THE NATIONAL…; +3 more
- **Advocates:** Akhil S…; AMRITH…; +7 more

## Timeline

- **2025-11-19 — NCLT Ord…**: Order passed by the National Company Law Tribunal (NCLT), Kochi Bench, in…
- **2025-11-28 — High Court J…**: Judgment delivered by the High Court of Kerala interfering with the NCLT's order and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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