Kerala HC Dismisses Plea Seeking CBI, ED, NIA Probe into BYJU’S Insolvency Irregularities, Holding Prior Litigation Bars Fresh Petition [Read Order]

In a recent ruling, the Kerala High Court dismissed a writ petition seeking directions to the CBI, Enforcement Directorate, and National Investigation Agency to probe alleged fraud and foreign interference in the insolvency proceedings of Think and Learn Pvt. Ltd. (BYJU’S Group).

The petition, filed by two companies represented by the same managing director, alleged that foreign entities and professionals manipulated insolvency processes, diverted Indian‑origin assets abroad, and violated financial laws.

The petitioners, Voizzit technology pvt ltd claimed ownership of Epic Creations Inc. and Tangible Play Inc. through a loan conversion agreement with BYJU’S co‑founder Riju Raveendran, and accused a foreign trustee and GLAS Trust Company LLC of unlawfully transferring digital assets to a Chinese entity despite pending Indian proceedings.

However, Justice G. Girish held that the plea was not maintainable, noting that the petitioners had earlier filed a Public Interest Litigation (W.P.(PIL) No. 171/2025) on the same facts and withdrawn it without seeking permission to refile. The Court observed that refiling the same matter violated the doctrine of finality“interest reipublicae ut sit finis litium,” which prevents endless litigation.

The Court also found that the dispute was already under the jurisdiction of the Karnataka High Court and the National Company Law Tribunal (NCLT), Bengaluru, where related proceedings and an FIR were pending. It also noted that the petitioners had misrepresented facts by claiming they had not filed any similar petition earlier.

Holding that the petition was filed before the wrong forum and contrary to settled legal principles, the Court concluded that continuing the proceedings would be against the interests of justice.

The bench observed that “It is apparent from the facts and circumstances of the case that the petitioners have preferred the wrong forum for the institution of this writ petition. Therefore, the challenge raised by the above respondents against the maintainability of this writ petition, is perfectly sustainable. Needless to say, the continuance of the proceedings in this writ petition, which is against the principles of law, has to be terminated in the interests of justice”

Accordingly, the writ petition was dismissed, bringing an end to the attempt to reopen the matter through a fresh criminal writ.

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