Voizzit Moves SC Against HC Order Striking US Bankruptcy Trustee From Suit Claiming Interest In Byju'S US Assets

Two companies claiming rights over BYJU'S US subsidiaries, Epic Creations Inc. and Tangible Play Inc., have approached the Supreme Court against a Kerala High Court judgment that removed a US bankruptcy trustee from a commercial suit filed in Ernakulam.

The High Court had also held that the assets forming the subject matter of the dispute had already been dealt with in bankruptcy proceedings before a US court.

The appeal challenges the June 1, 2026 judgment of Justice Easwaran S. The matter is yet to be listed before the Supreme Court.

The dispute stems from a suit filed by Voizzit Technology Pvt. Ltd. and Voizzit Information Technology LLC seeking declarations that they had ownership and control over the domains and businesses associated with Epic Creations Inc. and Tangible Play Inc., along with consequential injunctive reliefs.

The High Court was hearing a petition filed by Claudia Z. Springer, the Chapter 11 Trustee appointed by the United States Bankruptcy Court for the District of Delaware. Springer challenged a Commercial Court order rejecting her application seeking relief against continuation of the proceedings against her.

Before the High Court, Springer contended that the assets forming the subject matter of the suit had already been dealt with in the Delaware bankruptcy proceedings and that the Voizzit entities had participated in those proceedings.

Accepting the contention, the High Court noted that the assets over which declaratory relief was sought had already been sold pursuant to orders of the Delaware Bankruptcy Court and that subsequent purchasers had assumed operations of the companies. It also recorded that the Voizzit entities had actively participated in the US proceedings.

“That be so, it will be a farcical exercise, if the Commercial Court – III, Ernakulam, is allowed to proceed with the suit in order to find whether the respondents 1 and 2 are entitled for a declaratory relief especially since the subject matter of the suit itself has got eroded by operation of the orders passed by a Court of competent jurisdiction outside the territory of India.”

The High Court further found suppression of material facts and held that the plaint appeared to be a "clever piece of drafting" designed to create an impression that a cause of action arose within the territorial jurisdiction of the Commercial Court at Kochi.

The Court, however, did not terminate the commercial suit. It set aside the Commercial Court's order and directed that Springer be struck off from the party array. It also left it open to BYJU'S resolution professional to raise objections regarding the maintainability of the suit before the Commercial Court.

Aggrieved by the order removing Springer from the proceedings and the findings recorded by the High Court regarding the effect of the Delaware bankruptcy proceedings, the two companies have now moved the Supreme Court.