- 1 - NC: 2025:KHC:16732 WP No. 11327 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 11327 OF 2025 (GM-POLICE) BETWEEN: 1. MR. BYJU RAVEENDRAN AGED ABOUT 45 YEARS, S/O. RAVINDRAN KUNNARUVATH, PERMANENTLY RESIDING AT NO. 43, YOGANARSIMHA, 14TH MAIN, 15TH CROSS, HSR LAYOUT, BENGALURU, KARNATAKA, PIN CODE - 560 102. REPRESENTED BY HIS LAWFULLY CONSTITUTED POWER OF ATTORNEY MR. SHAJI PUTHALATH, AGED ABOUT 46 YEARS, S/O. KUNNERUVATH DIVAKARAN, 3023, SOBHA PALLADIAN, YEMALUR MAIN ROAD, BENGALURU, KARNATAKA, PIN CODE - 560 037. …PETITIONER (BY SRI. SHIJU ABRAHAM VERGHIS, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE INSPECTOR OF POLICE, Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:16732 WP No. 11327 of 2025 HIGH GROUNDS POLICE STATION, BENGALURU CITY, KARNATAKA, PIN CODE - 560 052. 2. MR. PANKAJ SRIVASTAVA FATHERS NAME NOT KNOWN, MAJOR, ERSTWHILE INTERIM RESOLUTION PROFESSIONAL OF M/S. THINK AND LEARN PRIVATE LIMITED, IBBI/IPA-001/IP-N00245/2017-18/1047, HAVING OFFICE AT NO. 58, 3RD CROSS, VINAYAKNAGAR, HEBBAL, BENGALURU, KARNATAKA - 560 064. 3. M/S. ERNST AND YOUNG LLP HAVING OFFICE AT GOLF VIEW CORPORATE TOWER B, SECTOR 42, GURUGRAM, HARYANA, PIN CODE - 122 002, REPRESENTED BY ITS CHAIRMAN. 4. MR. DINKAR TIRUVANNADAPURAM VENKATASUBRAMANIAN FATHERS NAME NOT KNOWN, MAJOR, AGE NOT KNOWN, LEADER AND PARTNER, DEBT AND SPECIAL SITUATIONS, M/S. ERNST AND YOUNG LLP, GOLF VIEW CORPORATE TOWER B, SECTOR 42, GURUGRAM, HARYANA, PIN CODE-122 002. - 3 - NC: 2025:KHC:16732 WP No. 11327 of 2025 5. MR. SHAILENDRA AJMERA FATHERS NAME NOT KNOWN, MAJOR, AGE NOT KNOWN, RESOLUTION PROFESSIONAL, IBBI/IPA-001-P00304/2017-2018/10568 HAVING OFFICE AT M/S. ERNST AND YOUNG LLP, 3RD FLOOR, WORLDMARK 1, AEROCITY HOSPITALITY, NEW DELHI, NATIONAL CAPITAL TERRITORY OF DELHI, PIN CODE - 110 037. 6. MR. LOKESH GUPTA FATHERS NAME NOT KNOWN, MAJOR, AGE NOT KNOWN, STRATEGY AND TRANSACTIONS PARTNER, M/S. ERNST AND YOUNG LLP, GOLF VIEW CORPORATE TOWER B, SECTOR 42, GURUGRAM HARYANA, PIN CODE - 122 002. 7. MR. RAHUL AGARWAL FATHERS NAME NOT KNOWN, MAJOR, AGE NOT KNOWN, DIRECTOR M/S. ERNST AND YOUNG LLP, GOLF VIEW CORPORATE TOWER B, SECTOR 42, GURUGRAM HARYANA, PIN CODE - 122 002. 8. MS. RENU KOCHAR FATHERS NAME NOT KNOWN, MAJOR, AGE NOT KNOWN, SENIOR MANAGER - DEBT AND SPECIAL SITUATIONS, - 4 - NC: 2025:KHC:16732 WP No. 11327 of 2025 M/S. ERNST AND YOUNG LLP, GOLF VIEW CORPORATE TOWER B, SECTOR 42, GURUGRAM, HARYANA, PIN CODE - 122 002. 9. M/S. GLAS TRUST COMPANY LLC A LIMITED LIABILITY COMPANY FORMED AND REGISTERED UNDER THE LAWS OF THE UNITED STATES OF AMERICA, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. SUNIL THOMAS, FATHERS NAME NOT KNOWN, MAJOR, AGE NOT KNOWN, HAVING OFFICE AT NO. 03, SECOND STREET, SUITE 206, JERSEY CITY, NEW JERSEY, UNITED STATES OF AMERICA - 07311. ALSO HAVING ADDRESS AT C/O. M/S. KHAITAN AND CO. 1105, ASHOKA ESTATE, 24, BARAKHAMBA ROAD, NEW DELHI, PIN CODE - 110 011. …RESPONDENTS (BY SRI. RAHUL CARIYAPPA, AGA FOR R1 SRI. R. KIRAN, ADVOCATE ALONG WITH SRI. SATCHIDANANDA R. JOIS AND SRI. VEENU DRALL, ADVOCATES FOR R2 SRI. NISHANTH A.V., ADVOCATE FOR R3, R4, R6 TO R8 SRI. VIKRAM HULIGOL, SENIOR ADVOCATE ALONG WITH SRI. AVINASH AMARNATH, SRI. ZUBIN J. POOVATHINKAL SRI. HARIKRISHNA PRAMOD, ADVOCATE AND - 5 - NC: 2025:KHC:16732 WP No. 11327 of 2025 MS. SHRIYA CHAKRAVARTHY, ADVOCATES FOR R5, SRI. UDAYA HOLLA, SENIOR ADVOCATE ALONG WITH SRI. AVINASH BALAKRISHNA, ADVOCATE FOR R9) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-1 TO SEIZE THE CORPORATE INSOLVENCY RESOLUTION PROCESS E-MAIL OF M/S THINK AND LEARN PRIVATE LIMITED I.E. ip.byjus at outlook.com AND PRESERVE THE SAME WITHOUT ANY FURTHER LOSS OF E-MAILS OR DATA IN VIEW OF THE MINUTES OF THE COC MEETING HELD ON 08.04.2025 (ANNX-B) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court seeking the following prayers: "a. Direct the Respondent #05 to refrain from acting further upon appointing a third-party IT Expert, as decided by the said Respondent #05 in view of the minutes of the CoC meeting held on 08.04.2025 (ANNEXURE B) pending disposal of this Petition; b. To stay any further execution of the decisions taken in the in view of the minutes of the CoC meeting held on 08.04.2025 (ANNEXURE B) pending disposal of this Petition; - 6 - NC: 2025:KHC:16732 WP No. 11327 of 2025 c. To stay all further proceedings or decisions in the CoC meetings of Think & Learn Private Ltd, pending disposal of this Petition and pending quashing petitions arising out Crime # 44 of 2025 of High Grounds PS, (ANNEXURE E); d. Pass any other interim order(s)/ interim grant any other interim relief(s) to the Petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case;" 2. Heard Shri Shiju Abraham Verghis, learned counsel appearing for the petitioner; Shri Rahul Cariyappa, learned Additional Government Advocate appearing for respondent No.1; Shri R. Kiran, learned counsel along with Shri Satchidananda R. Jois and Shri Veenu Drall, learned counsel appearing for respondent No.2; Shri Nishanth A.V., learned counsel for respondents No.3, 4, 6 to 8; Shri Vikram Huligol, learned Senior counsel along with Shri Avinash Amarnath, learned counsel, Shri Zubin J. Poovathinkal, learned counsel, Shri Harikrishna Pramod, learned counsel and Smt. Shriya Chakravarthy, learned counsel appearing for respondent No.5. 3. This Court while entertaining the petition qua the prayers that are sought passed a detailed order on 11.04.2025. All the prayers that were sought were rejected, except the prayer with regard to preservation of the electronic mail - 7 - NC: 2025:KHC:16732 WP No. 11327 of 2025 correspondence. The rejection of other prayers was in the teeth of the order passed by the Apex Court in the case of MOHD. ENTERPRISES (TANZANIA) LTD. V. FAROOQ ALI KHAN, reported in 2025 SCC OnLine SC 23, where the Apex Court clearly holds that writ petition under Article 226 against the proceedings before the National Company Law Tribunal would not be entertainable, as the Insolvency and Bankruptcy Code (IBC), 2016 is a complete code by itself. 4. The learned counsel appearing for the petitioner would today elaborate the submission with regard to preservation of the e-mails to contend certain factors that may lead to deletion of the e-mails. 5. Shri Vikram Huligol, learned Senior counsel appearing for respondent No.5 submits that the newly appointed resolution professional would submit that whatever was handed over to the present resolution professional by the earlier resolution professional will be protected and none of them would be deleted. 6. The said submission is placed on record. - 8 - NC: 2025:KHC:16732 WP No. 11327 of 2025 7. The learned counsel appearing for the petitioner would now submit that what would happen to the deleted e-mails. The CoC meeting held on 08.04.2025 appears to have recorded with regard to the deleted e-mails at the time when the predecessor of respondent No.5 was in charge as resolution professional. 8. The learned counsel appearing for respondent No.2 was the erstwhile resolution professional would submit that none of the e-mails were deleted, they are just refolded and shifted to other places because on such refolding. They would submit that none of the e-mails were deleted and whatever was present is all handed over to the new resolution professional. 9. The learned counsel appearing for the petitioner would now submit that the Investigating Officer must be directed to take backup copy of the e-mails. 10. This Court while entertaining the petition on 11.04.2025 has observed that the Co-ordinate Bench has granted stay of the investigation in its entirety not qua the accused. Therefore, there can be no question of directing the - 9 - NC: 2025:KHC:16732 WP No. 11327 of 2025 Investigating Officer now to takeover the investigation in the teeth of the interim order subsisting. 11. In the event, the interim order would get vacated, the Investigating Officer shall take the complete backup copy of the e-mails and preserve it for the purpose of investigation and trial. This is what is observed in the order dated 11.04.2025. 12. With the aforesaid observations, I deem it appropriate to dispose the petition directing adherence to what is directed hereinabove by all the protagonists to the present lis. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY CT-SG List No.: 1 Sl No.: 62