# In the matter of Darjeeling Organic Tea Estate Private Limited

> NCLT judgment dated 2024-04-30. Citation: TCN-2024-NCLT-01513. The application was filed by ODAT-GmbH against Shantanu Bhrama, the Interim Resolution…

- **Court:** NCLT
- **Order date:** 30 Apr 2024
- **Citation:** TCN-2024-NCLT-01513
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/darjeeling-organic-tea-estate-private-limited-2eecf61e

## Summary

### Background

The application was filed by ODAT-GmbH against Shantanu Bhrama, the Interim Resolution Professional, and the Committee of Creditors of Darjeeling Organic Tea Estates, seeking the recall of an order passed by the Tribunal in IA No. 1649/KB/2023. The applicant contended that they were not given an opportunity to make a rejoinder to oral submissions made on behalf of the respondents.

## Facts

ODAT-GmbH filed an application seeking the recall of an order passed by the NCLT in IA No. 1649/KB/2023. The basis for seeking the recall was that the applicant was not given an opportunity to make a rejoinder to the oral submissions made on behalf of the respondents. Simultaneously, the applicant moved the Hon'ble NCLAT against the same order. The Hon'ble NCLAT allowed the appeal and set aside the order passed by the NCLT. The NCLT considered the fact that the NCLAT had already set aside the order and concluded that the application for recall had become infructuous.

## Issues and analysis

### Issue 1: Whether the application I.A.(IB) No. 2004/KB/2023 seeking recall of the order dated 24th November, …

**Ratio:** An application becomes infructuous if the order sought to be recalled has already been

…

**Reasoning:** The Tribunal reasoned that since the Hon'ble NCLAT had already set aside the order in IA

…

**Interpretation:** The interpretation is that once an appellate authority sets aside an order, the

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**Application:** In this case, the NCLAT had already set aside the order in IA 1649/KB/2023.

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** ODAT…
- **Respondents:** Darjeeling…; CA Santanu…

## Timeline

- **2023-11-24 — Order in IA 164…**: Tribunal passed an order in IA 1649/KB/2023…
- **2023-12-24 — Applicant mov…**: The Applicant simultaneously moved the Hon'ble…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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