Authority: Supreme Court of India
Order Date: 20-07-2026
Case Overview
- Appellant: M/S Samunnati Agri Value Chain Solutions Pvt. Ltd; Respondent: M/S Nekanti Sea Foods Ltd; matter is an application for ex‑parte stay (IA No. 196265/2026) in Civil Appeal No. 8829/2026.
- The dispute concerns a Section 9 application under the Insolvency and Bankruptcy Code, 2016 that was filed on 19 September 2024, prior to the effective date of the Scheme of Amalgamation (19 December 2024).
- Counsel for the appellant, Mr. Nithyaesh Natraj, argued that because the Scheme had not yet come into force at the time of filing, the appellant entity did not subsist, making the lower fora’s dismissal erroneous.
- The counsel relied on the Supreme Court’s judgment in Marshall Sons & Co. (India) Ltd. v. Income Tax Officer (1997 2 SCC 302), particularly paragraph 14, to support the maintainability of the Section 9 application.
Final Outcome
- The Court issued notice to the parties, directing a returnable on 24 August 2026.
- Liberty was granted to serve additional dasti.
- No substantive ruling on the merits of the stay was made; the matter is listed for further hearing.
Topics: Insolvency, Court Order