# In the matter of Think & Learn Private Limited

> NCLT judgment dated 2025-02-17. Citation: TCN-2025-NCLT-00481. The National Company Law Tribunal, Bengaluru Bench, heard several Interlocutory Applications…

- **Court:** NCLT
- **Order date:** 17 Feb 2025
- **Citation:** TCN-2025-NCLT-00481
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/think-learn-private-limited-d2167cd3

## Summary

### Background

The National Company Law Tribunal, Bengaluru Bench, heard several Interlocutory Applications (I.A.s) related to a Corporate Insolvency Resolution Process (CIRP). The applications were filed under various sections of the Insolvency and Bankruptcy Code (IBC), 2016, and the NCLT Rules, 2016. The applications sought various reliefs, including the replacement of the Interim Resolution Professional (IRP), setting aside business transacted at a Committee of Creditors (CoC) meeting, directing/permitting the applicant to call for a CoC meeting, and taking on record reports and documents related to the CIRP process.

## Facts

The Board and Control for Cricket in India filed a case against Think and Learn Private Limited. Several I.A.s were filed under the IBC, 2016, and NCLT Rules, 2016, seeking various reliefs related to the CIRP of the Corporate Debtor. These included applications to replace the IRP, set aside business transacted at a CoC meeting, direct/permit the applicant to call for a CoC meeting, and take on record reports related to the CIRP. A key order was passed on 29.01.2025 in I.A No.660 & 820/2024, which significantly impacted the outcome of several other I.A.s. The applications were heard by the NCLT Bengaluru Bench, comprising Shri K. Biswal (Judicial Member) and Shri Ravichandran Ramasamy (Technical Member).

## Issues and analysis

### Issue 1: Whether the application filed by the Applicant under Section 60 (5) of the IBC, 2016 seeking direct …

**Ratio:** The legal principle applied is that if a prior order has already addressed the core issue

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**Reasoning:** The court reasoned that because an order was passed on 29.01.2025 in I.A No.660 &

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**Interpretation:** Section 60(5) of the IBC provides the NCLT jurisdiction to entertain any

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**Application:** The prior order in I.A No.660 & 820/2024 likely addressed the issue of IRP

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## Parties

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

## Timeline

- **2025-01-29 — Order Passed in I.A…**: An order was passed by the Adjudicating Authority in I.A No.660 & 820/2024, which had a…
- **2024-09-03 — First COC m…**: The first COC meeting was held where…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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