Criminal case u/s. 454(8) of Companies Act not maintainable amidst pending appeal

Resfeber Infosolutions Private Limited Vs Registrar of Companies (Kerala High Court) Kerala High Court held that criminal case under section 454(8) of the Companies Act unsustainable since appeal filed by the petitioner against the penalty order is still pending consideration. Thus, the Criminal Miscellaneous Cases allowed and complaint quashed. Facts- The 1st petitioner is a company registered under the Companies Act of 2013. There occurred a short delay in filing the declaration of commencement of business in Form No. INC-20A of the company. Hence, proceedings u/s. 454(3), for realisation o...