The Madras High Court brought a straightforward end to the appeal filed by SR Marine Foods Pvt. Ltd. once it learned that the company had already been dissolved under Section 54 of the Insolvency and Bankruptcy Code. With the NCLT formally discharging the liquidator and declaring the corporate debtor dissolved, the Court held that nothing survived for adjudication. The appeal, therefore, became infructuous and was dismissed.

Issue of Law: 

The legal standing of an Appeal Suit when the Appellant company is formally dissolved under Section 54 of the Insolvency and Bankruptcy Code, 2016 (IBC) during the pendency of the appeal.

Brief Facts: 

The Appellant, SR Marine Foods Pvt. Ltd., filed an Appeal Suit against the respondents. During the course of the appeal, a memo was placed on record confirming that the National Company Law Tribunal (NCLT) had passed an order dated 28.10.2025, which recorded the discharge of the Liquidator and declared that the Corporate Debtor (the Appellant company) stands dissolved under the provisions of the IBC.

Judgment: 

The Court noted that the counsel for the appellant had filed a memo enclosing an order dated 28.10.2025 from the National Company Law Tribunal (NCLT), Chennai. This NCLT order, passed under Section 54 of the Insolvency and Bankruptcy Code, 2016, recorded that the corporate debtor, the appellant (SR Marine Foods Pvt. Ltd.), stands dissolved. Since the appellant company had been dissolved, the Court held that nothing further survives for adjudication in the appeal at the instance of the appellant

Subsequent Development:

The Appeal Suit was dismissed as infructuous by the High Court in its judgment dated November 21, 2025. The appellant company, SR Marine Foods Pvt. Ltd., had been legally dissolved by an order of the National Company Law Tribunal (NCLT) dated October 28, 2025. This marks the final judicial outcome for the appeal.

Read the official order/judgement here

Case Title: 

SR Marine Foods Pvt. Ltd. v. Mohamed Karimullah & Anr.

Neutral Citation: 

A.S.No. 727 of 2018

Bench: 

The Honourable Dr. Justice A.D. Maria Clete

Date: 

21.11.2025