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

> HC judgment dated 2025-11-28. Citation: TCN-2025-HC-00081. 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-00081
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-kochi-bench/jacob-pp-vs-national-company-law-tribunal-kochi-bench-d9992642

## 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, who are also 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.

…

## 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 was based on the premise that Mr. Jasin Jose was handling multiple

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**Reasoning:** The court considered Section 10(3) of the IB Code, 2016, which requires the corporate

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**Interpretation:** The court interpreted that the NCLT is obligated to appoint the resolution

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**Application:** The court found that the reason stated by the NCLT for not appointing Mr. Jasin

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## Parties

- **Judges:** VIJU AB…
- **Appellants:** Jacob…; TONY THOMAS &…; +28 more
- **Respondents:** M/S. ALKA…; THE NATIONAL…; +2 more
- **Advocates:** Shri. Akhil…; SHRI.AMRIT…; +7 more

## Timeline

- **2025-11-28 — Judgment…**: The judgment was…
- **2025-11-19 — NCLT Ord…**: Order passed by the National Company Law Tribunal (NCLT), Kochi Bench, in…

## 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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