Karnataka HC orders to preserve Byju's emails amid insolvency proceedings

Bengaluru: The High Court of Karnataka on Friday directed the Resolution Professional in the matter concerning Think and Learn Private Limited (TLPL), a firm providing online educational services through an application called ‘Byjus’, to preserve all emails and conversations between stakeholders in the case. It may be required for the Corporate Insolvency Resolution Process (CIRP) or investigation, as the case may be.

Justice M Nagaprasanna granted this limited indulgence in an interim order after hearing a petition filed by Byju Raveendran, one of the promoters and suspended director of TLPL.

The counsel for the petitioner contended that if the emails are deleted, it would have an adverse effect, as they are the primary evidence of the conversation or interaction between the stakeholders of the company with regard to the subject matter pending before the National Company Law Tribunal (NCLT).

It was further submitted that the emails should not be permitted to be deleted, as they are necessary for the purpose of investigation.

On the other hand, the government advocate submitted that the investigation in a crime registered on the issue at the High Grounds police station in Bengaluru has been stayed by a coordinate bench of the high court in the petition moved by the accused. Therefore, the police have not proceeded with the investigation in light of the interim order, and the prayers sought by the petitioner to expedite the investigation or the production of the case diary in the crime, if considered, would run counter to the interim order granted by the coordinate bench.

Justice Nagaprasanna noted that the other prayers in the petition, including the minutes of the Committee of Creditors (COC) held on April 8, 2025, have to be placed before the appropriate authority.

He further cited the Supreme Court judgment, which clearly specified that the Insolvency and Bankruptcy Code (IBC) is a complete code by itself, with adequate appellate remedy available for the aggrieved party to call in question either before the NCLT or NCLAT (Appellate Tribunal).

"Therefore, those proceedings which the petitioners have sought to challenge, i.e.,  minutes of the COC meeting or otherwise have to be agitated only before the NCLT/NCLAT, as the case would be. It is open to avail of that remedy. The remedy of filing a writ petition (WP) calling in question those proceedings is unavailable in the light of judgment of the Supreme Court,” the court said, and adjourned the matter to April 21, 2025.