ROC cannot File Criminal Complaint While Company’s Penalty Appeal u/s 454(8) is Pending: Kerala HC [Read Order]
Kerala HC held that a criminal complaint under Section 454(8) of the Companies Act is not maintainable while the company’s penalty appeal under Section 454(5) is still pending.
By Kavi Priya - On May 19, 2025 1:41 pm - 2 mins read
In a recent judgment, the Kerala High Court held that the Registrar of Companies (ROC) cannot file a criminal complaint under Section 454(8) of the Companies Act while the company’s statutory appeal against the penalty order is still pending. The Court found such a complaint to be premature and quashed the proceedings initiated by the…
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