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S. R. KRISHNA KUMAR
Byju Raveendran – Appellant
Versus
Think And Learn Private Limited – Respondent
ORDER
S.R. Krishna Kumar, J. -
Both these petitions arise out of the impugned order dated 12.06.2024 passed on C.A.No.71/2024 in C.P.No.18/BB/2024 on the file of the National Company Law Tribunal, Special Bench, Bengaluru (for short 'the NCLT'). The said company petition was filed by the respondents 1 to 5 under Sections 241-242 of the Companies Act, 2013 (for short 'the said Act of 2013').
2. The petitioners in W.P.No.15788/2024 are arrayed as respondents 2 to 4 in the said company petition, while the petitioner in W.P.No.15801/2024 is arrayed as respondent No.1 in the said company petition, which is pending adjudication before the NCLT.
3. During the pendency of the said proceedings before the NCLT, the respondents 1 to 5 filed an application C.A.No.71/2024 under Section 242(4) of the said Act of 2013 r/w Rules 11 and 32 of the NCLT Rules, 2016. The said application having been opposed by the petitioners herein, who filed their statement of objections, the NCLT proceeded to pass the impugned order dated 12.06.2024 allowing the said application C.A.No.71/2024 in favour of respondents 1 to 5, thereby granting injunction in their favour against the petitioners till disposal of the mai
Judicial orders, particularly those granting injunctions, must be reasoned and demonstrate the application of legal standards to the facts; failure to do so violates principles of natural justice.
The court reiterated that interim orders protecting rights pending final adjudication are crucial, and only appealable orders determining rights of parties fall under the Companies Act, 2013.
A writ petition pursuing parallel remedies under the Insolvency and Bankruptcy Code is impermissible and affects parties' rights; interim orders must determine substantial issues.
Judicial immunity under the Judges (Protection) Act, 1985 is upheld, but the court emphasizes the need for accountability and the exhaustion of alternative remedies before seeking writ relief.
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