# In the matter of ODAT GmbH vs. CA Santanu Brahma (IRP) and Ors.

> NCLAT judgment dated 2025-08-04. Citation: TCN-2025-NCLAT-00460. ODAT GmbH filed an appeal against the order dated 24.09.2024 passed by the NCLT, Kolkata…

- **Court:** NCLAT
- **Order date:** 4 Aug 2025
- **Citation:** TCN-2025-NCLAT-00460
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/odat-gmbh-vs-ca-santanu-brahma-0c627d8d

## Summary

### Background

ODAT GmbH filed an appeal against the order dated 24.09.2024 passed by the NCLT, Kolkata Bench, which allowed the Resolution Professional's application seeking contribution from ODAT GmbH towards CIRP costs.

## Facts

ODAT GmbH, the Appellant, is the single largest Financial Creditor of the Corporate Debtor, Darjeeling Organic Tea Estates Pvt. Ltd.

UCO Bank had initiated CIRP against the Corporate Debtor, which was admitted on 28.10.2022.

ODAT GmbH filed its claim of Euros 1,77,40,328 equivalent to Rs. 158,97,81,751/- on 20.09.2023, which was accepted by the IRP/RP.

Initially, ODAT GmbH was not allowed to vote in the CoC, but later, an appeal was allowed, granting them the right to vote.

The Resolution Professional filed an application seeking contribution from the Appellant towards CIRP costs, which was allowed by the NCLT without issuing notice to the Appellant.

The Appellant holds 39.4% voting share in the CoC and voted against the resolution for raising interim finance.

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## Issues and analysis

### Issue 1: Whether the Tribunal erred in passing the order directing the Appellant to contribute towards CIRP …

**Ratio:** The principles of natural justice require that a party should be given an opportunity to

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**Reasoning:** The Tribunal's order was passed without issuing notice to the Appellant, violating the

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**Interpretation:** The order was in violation of the principles of natural justice and procedural

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**Application:** The NCLAT set aside the impugned order due

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** ODAT…
- **Respondents:** Darjeeling…; CA Santanu…; +1 more
- **Advocates:** Purti G…; Henna G…; +8 more

## Timeline

- **2024-09-24 — Order by NCLT, Kolkata…**: NCLT, Kolkata Bench passed an order allowing the Resolution Professional's application…
- **2024-10-04 — Notice I…**: Notice in the appeal was issued and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 5(13) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-5)

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