Locus standi after business transfer: former owner cannot maintain appeal once it no longer has an interest in the undertaking.

Where a business is transferred as a going concern with assets and liabilities passing to the transferee, the original owner ceases to have a subsisting interest in the undertaking and cannot be treated as a person aggrieved by a later order relating to that business. On that basis, the appellant lacked locus standi to maintain the appeal, and the proceedings were dismissed at the threshold for want of maintainability after the transfer.

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Issues: Whether the appeal remained maintainable after the appellant sold its business as a going concern and ceased to have any interest in the undertaking.

Analysis: The business transfer agreement showed that the transferee took over the business as a going concern, with assets and liabilities passing to it. In those circumstances, the original owner no longer had a subsisting interest in the business and could not be treated as a person aggrieved by the impugned order passed after the transfer.

Conclusion: The appeal was held to be not maintainable.

Final Conclusion: The proceedings were dismissed at the threshold for want of maintainability after the business transfer.

Ratio Decidendi: A party that has transferred its business as a going concern and no longer has a subsisting interest in the undertaking lacks locus standi to maintain an appeal against a subsequent order relating to that business.

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