# In the matter of Byju Raveendran, Suspended Director and Promoter of M/s. Think and Learn Pvt. Ltd. vs. Aditya Birla Finance Ltd. & 3 Ors.

> NCLAT judgment dated 2025-08-12. Citation: TCN-2025-NCLAT-00436. The appeal was filed by Byju Raveendran against the order passed by the NCLT, Bengaluru…

- **Court:** NCLAT
- **Order date:** 12 Aug 2025
- **Citation:** TCN-2025-NCLAT-00436
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-chennai/byju-raveendran-suspended-director-and-promoter-of-ms-think-and-learn-pvt-ltd-vs-d355e1b4

## Summary

### Background

The appeal was filed by Byju Raveendran against the order passed by the NCLT, Bengaluru Bench, regarding applications I.A No. 660 of 2024 and I.A No. 820 of 2024.

## Facts

Byju Raveendran, suspended director and promoter of Think and Learn Pvt. Ltd., filed an appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016.

The NCLT, Bengaluru Bench, disposed of two applications, I.A No. 660 of 2024 and I.A No. 820 of 2024, by a common order.

Aditya Birla Finance Limited filed I.A No. 660 of 2024 seeking to set aside its classification as an Operational Creditor and to be considered a Financial Creditor.

The Board of Control for Cricket in India (BCCI) filed CP (IB) No. 149/BB/2023 against Think and Learn Pvt. Ltd., which was admitted on 16.07.2024, and Pankaj Srivastava was appointed as the IRP.

The IRP made a public announcement on 17.07.2024 to invite claims from the creditors of the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the IRP has the power to reconstitute the CoC without the leave of the Adjudicating …

**Ratio:** The IRP does not have the power to reconstitute the CoC without the leave of the

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**Reasoning:** The Tribunal relied on previous decisions stating that the IRP's role is non-adjudicatory

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**Interpretation:** The IRP's actions in reconstituting the CoC were deemed to be in violation of

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**Application:** The Tribunal set aside the

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## Parties

- **Judges:** Rakesh Kuma…; Jatindranat…
- **Appellants:** BYJU RAVE…; ADITYA BIRLA…
- **Respondents:** Think and Learn…; Aditya Birla…; +4 more
- **Other parties:** Incred Financial…; ICICI Ban…; +2 more
- **Advocates:** Athithi…; V. Shya…; +28 more

## Timeline

- **2024-07-16 — Admission of Ap…**: CP (IB) No. 149/BB/2023 filed by the Board of Control for Cricket in India (BCCI) against…
- **2024-07-17 — Public Annou…**: The IRP made a public announcement to invite claims from the creditors of the Corporate…

## 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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