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2025 Supreme(Online)(NCLT) 1911

NATIONAL COMPANY LAW TRIBUNAL
Shri K. Biswal, Shri Ravichandran Ramasamy, JJ
Board of Control for Cricket in India – Appellant
Versus
Think & Learn Private Limited – Respondent


Advocates:
For the Appellants/Petitioners: Shri Udaya Holla, Shri V.Srinivasa Raghavan, Shri Nikhilesh Rao, Shri Avinash Balakrishna, Shri Tejas Shetty, Shri Sheshachala Joshi, Shri Pramod Nair, Ms.Aishwarya M, Shri Lalit Kataria, Shri Ahaan Mohan
For the Respondents: Shri Ramji Srinivasan, Shri Raheel Patel, Shri C.K. Nandakumar, Ms. Ann Pereira, Ms. Anjali K., Ms.Bhavya Mohan

Table of Content
1. applications filed in ongoing insolvency process. (Para 1 , 2)
2. claims and classification issues of creditors. (Para 3 , 4)
3. authority limits of interim resolution professional. (Para 5 , 12 , 18)
4. legal standards of duty and integrity for irp. (Para 6 , 15)
5. final decisions on creditor classifications. (Para 16 , 17 , 22)
6. court’s final orders and modifications upheld. (Para 27)

ORDER

FACTS:

Since both the present Applications have been preferred in the main Company Petition bearing C.P (IB) No. 149/2023 and identical issues have been raised in these Applications, both the Applications have been disposed by common order.

IN IA 660/2024:

1. The Present IA 660/2024 in Company Petition (IB) No. 149/2023, has been filed by Aditya Birla Finance Limited (herein after as ‘Applicant No. 1’) on 10/09/2024 under section 60 (5) of the Insolvency and Bankruptcy Code, 2016 r/w Rules 11 and 32 of the National Company Law Rules, 2016 inter- alia praying this Hon’ble Tribunal to:

a) set aside the decision made by the Respondent in respect of the Applicant’s classification as an Operational Creditor;

b) direct Respondent to exclude the Applicant from Annexure S List of Operation

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