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 of penalty, were initiated against the company and its Directors.
As the order imposing penalty was passed on 20.01.2020, petitioners were not able to file appeal against the order, in time in view of the national lock down imposed for preventing the spread of the COVID-19 pandemic. Hence, the appeal was submitted along with a petition for condonation of delay. Without considering the explanation offered for the delay, the delay petition and consequently the appeal, were dismissed. The petitioners challenged that order before the High Court and the writ petitions were disposed, setting aside the impugned order and directing reconsideration of the appeal on merits, after affording the petitioners an opportunity of hearing. Pending hearing of the appeal, the respondent filed a complaint u/s. 454(8) of the Act. Hence, this Crl.M.C.
