# In the matter of Think & Learn Private Limited

> NCLT judgment dated 2025-02-17. Citation: TCN-2025-NCLT-00480. The document pertains to several Interlocutory Applications (I.A.s) filed in the National…

- **Court:** NCLT
- **Order date:** 17 Feb 2025
- **Citation:** TCN-2025-NCLT-00480
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/think-learn-private-limited-0c9885a7

## Summary

### Background

The document pertains to several Interlocutory Applications (I.A.s) filed in the National Company Law Tribunal (NCLT), Bengaluru Bench, related to a Corporate Insolvency Resolution Process (CIRP). The applications are filed under various sections of the Insolvency and Bankruptcy Code (IBC), 2016, and the NCLT Rules, 2016. The core issue revolves around the CIRP of a Corporate Debtor, with applications addressing the constitution of the Committee of Creditors (CoC), appointment and removal of the Interim Resolution Professional (IRP) and Resolution Professional (RP), and other procedural aspects of the CIRP.

## Facts

The Board and Control for Cricket in India filed a case against Think and Learn Private Limited. Several IAs were filed, including I.A No.657,671,738,815,819,834,835,840,841,842, 843,862,940, 942,943,944/2024 and I.A No. 85 & 148/2025. I.A No.657/2024 was filed under Section 60 (5) of the IBC, 2016, seeking the replacement of Pankaj Srivatsava as the IRP of the Corporate Debtor. Other IAs concerned recording the appointment of the IRP as RP, setting aside business transacted at the first CoC meeting, directing the applicant to call for a CoC meeting, and appointing a chairman to preside over the first CoC meeting. An order was passed on 29.01.2025 in I.A No.660 & 820/2024 by the Adjudicating Authority, which rendered several other IAs infructuous. An appeal was

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## Issues and analysis

### Issue 1: Whether I.A No. 657 of 2024 should be allowed, seeking the replacement of Shri Pankaj Srivatsava as …

**Ratio:** The principle of procedural efficiency and the binding nature of prior judicial orders

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**Reasoning:** The Adjudicating Authority had already passed an order on 29.01.2025 in I.A No.660 &

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**Interpretation:** This highlights the importance of the sequence of events and the impact of

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**Application:** Since the order in I.A No.660 & 820/2024 had already addressed the issues

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## Parties

- **Judges:** K. Bi…; RAVICHANDRAN…
- **Appellants:** The Board and…
- **Respondents:** THINK & LEARN…; Think and Learn…

## Timeline

- **2024-09-03 — First COC m…**: Date of the first Committee of Creditors (COC) meeting, where business was allegedly…
- **2024-10-02 — Start of 4th Progress…**: Beginning date for the 4th Progress Report on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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