NCLT Approval Not Required for Criminal Complaints in High Court Wound-Up Companies: Kerala High Court Ruling

Introduction

The intersection of corporate insolvency proceedings and criminal prosecution has long presented complex jurisdictional questions in Indian jurisprudence. The recent judgment delivered by the Kerala High Court in the matter of M/s. Kalpetta Janakshema Maruthi Chits Private Limited (In Liquidation) [1] has provided crucial clarity on a significant procedural question that has implications for liquidation proceedings across India. Justice Viju Abraham, presiding over this matter, addressed a fundamental issue concerning the authority required for Official Liquidators to proceed with criminal complaints against companies that have been wound up under the jurisdiction of High Courts rather than the National Company Law Tribunal.

The judgment, delivered in Report No. 32/2025 in Company Petition No. 43/2016, arose from a report filed by the Official Liquidator seeking permission and clarity regarding the continuation of criminal complaints pending under the Negotiable Instruments Act, 1881. The core question before the Court was whether an Official Liquidator requires the leave of the National Company Law Tribunal to prosecute criminal complaints when the company in question was wound up by the High Court under the provisions of the Companies Act, 1956, which predates the establishment of the National Company Law Tribunal framework under the Companies Act, 2013. Notably, this judgment clarifies that NCLT approval is not required for criminal complaints in such circumstances.

This ruling assumes particular significance in the contemporary legal landscape where thousands of companies wound up under the erstwhile Companies Act, 1956 continue to have pending matters, including criminal proceedings. The judgment provides a definitive answer to the jurisdictional confusion that had arisen following the establishment of the National Company Law Tribunal and the transfer of certain powers from High Courts to this specialized tribunal, clarifying that NCLT approval is not required for criminal complaints in such cases. The decision reinforces the principle that jurisdictional continuity must be maintained and that High Courts retain supervisory authority over companies wound up under their jurisdiction, even after the advent of the new legislative framework.

Background and Factual Matrix of the Case

The case pertains to M/s. Kalpetta Janakshema Maruthi Chits Private Limited, a company that was ordered to be wound up by the Kerala High Court pursuant to its powers under the Companies Act, 1956. The winding-up order was passed before the establishment and operationalization of the National Company Law Tribunal, which came into effect on June 1, 2016, following the enactment of the Companies Act, 2013. An Official Liquidator was appointed to oversee the liquidation process, and this officer was tasked with realizing the assets of the company, settling claims of creditors, and conducting the affairs of the company in liquidation in accordance with the applicable legal provisions.

During the course of the liquidation proceedings, the Official Liquidator identified several criminal complaints that were pending before the Chief Judicial Magistrate Court under the provisions of the Negotiable Instruments Act, 1881. These complaints had been filed against the company for dishonor of cheques, an offense under Section 138 of the Negotiable Instruments Act. The complaints were initiated before the company was ordered to be wound up and remained pending at various stages of adjudication. The Official Liquidator, in the discharge of his statutory duties, sought to proceed with these criminal complaints as they could potentially result in recovery of amounts due to creditors and contribute to the overall realization of assets for distribution among stakeholders.

However, a procedural question arose regarding the necessity of obtaining leave from the National Company Law Tribunal before proceeding with these criminal complaints. This question stemmed from the provisions of the Companies Act, 2013, particularly the transitional provisions and the transfer of jurisdiction from High Courts to the National Company Law Tribunal for matters relating to companies. The Official Liquidator, exercising abundant caution and seeking to ensure procedural compliance, filed a report before the Kerala High Court seeking clarification on whether NCLT approval was required for criminal complaints to continue prosecution of these matters.

The report highlighted the ambiguity that existed in the legal framework regarding the appropriate forum for seeking leave to proceed with legal proceedings against companies in liquidation. While the Companies Act, 1956 vested High Courts with comprehensive jurisdiction over winding-up matters, the Companies Act, 2013 transferred many of these powers to the National Company Law Tribunal. The question was whether companies wound up under the old regime required the liquidator to approach the new tribunal for procedural permissions, or whether the High Court that ordered the winding-up retained continuing jurisdiction over such matters.

Legislative Framework and Statutory Provisions

The legal framework governing corporate liquidation in India has undergone substantial transformation over the past decade. Understanding the judgment of the Kerala High Court requires a comprehensive examination of the relevant statutory provisions that govern winding-up proceedings and the powers and duties of liquidators in prosecuting legal proceedings on behalf of companies in liquidation.

The Companies Act, 1956 was the primary legislation governing corporate affairs in India until it was substantially replaced by the Companies Act, 2013. Under the 1956 Act, High Courts exercised original jurisdiction over winding-up petitions and related matters. The Act contained detailed provisions regarding the procedure for winding up companies, the powers and duties of liquidators, and the restrictions on legal proceedings against companies in liquidation. One of the key provisions relevant to the present case was Section 446 of the Companies Act, 1956, which dealt with the stay of suits and legal proceedings upon the making of a winding-up order.

Section 446 of the Companies Act, 1956 provides that when a winding-up order has been made or when a provisional liquidator has been appointed, no suit or other legal proceeding shall be commenced or, if pending at the date of the winding-up order, shall be proceeded with against the company except by leave of the Court and subject to such terms as the Court may impose. The provision was designed to ensure that all claims against the company in liquidation are dealt with in an orderly manner under the supervision of the Court overseeing the winding-up, thereby preventing a race among creditors and ensuring equitable distribution of assets. The word “Court” in this provision referred to the High Court that ordered the winding-up.

The Companies Act, 2013 brought about a paradigm shift in the administration of corporate law in India. This legislation established the National Company Law Tribunal as a specialized forum to adjudicate matters relating to companies. The National Company Law Tribunal was constituted under Section 408 of the Companies Act, 2013 and was designed to be a quasi-judicial body with expertise in corporate and commercial matters. The establishment of this tribunal was based on recommendations made by various expert committees, including the Justice V. Balakrishna Eradi Committee, which had advocated for a specialized tribunal to handle corporate disputes expeditiously.

Under the Companies Act, 2013, jurisdiction over winding-up matters and other company law proceedings was transferred from High Courts to the National Company Law Tribunal. Section 434 of the Companies Act, 2013 contains provisions regarding the transfer of pending proceedings from High Courts to the National Company Law Tribunal. However, the transitional provisions and the question of which forum exercises jurisdiction over companies wound up under the old Act before the establishment of the tribunal have been subjects of interpretational challenges. The Kerala High Court judgment addresses precisely this gap in understanding.

Section 446 of the Companies Act, 1956 explicitly states that no suit or other legal proceeding shall be proceeded with against the company except by leave of the Court. The question that arose in the present case was whether “Court” in this context, for companies wound up under the 1956 Act, should be interpreted to mean the High Court that ordered the winding-up or the National Company Law Tribunal that now exercises jurisdiction over winding-up matters under the 2013 Act. The Official Liquidator’s report sought clarification on this precise question, particularly in the context of criminal complaints under the Negotiable Instruments Act.

The Negotiable Instruments Act, 1881 is a special legislation that governs negotiable instruments such as promissory notes, bills of exchange, and cheques. Section 138 of this Act creates an offense for dishonor of cheques due to insufficiency of funds or for reasons that indicate that the cheque would be dishonored on presentment. The offense under Section 138 is a criminal offense punishable with imprisonment or fine or both. The provision has been extensively used by creditors and suppliers to enforce payment obligations, and a significant volume of criminal litigation in India pertains to cases under this section.

The Court’s Reasoning and Legal Analysis

The Kerala High Court undertook a detailed examination of the legal principles governing the jurisdiction of High Courts and the National Company Law Tribunal in relation to companies wound up under the Companies Act, 1956. Justice Viju Abraham’s judgment reflects a careful analysis of statutory provisions, precedent, and the principles of jurisdictional continuity that are fundamental to the administration of justice.

The Court began its analysis by noting the fundamental principle that when a company is wound up by an order of the High Court under the Companies Act, 1956, the High Court exercises supervisory jurisdiction over all aspects of the winding-up process. This jurisdiction is comprehensive and extends to all matters arising in the course of liquidation, including questions relating to the realization of assets, settlement of claims, and prosecution of legal proceedings by or against the company. The Court observed that this supervisory jurisdiction does not automatically cease or transfer to another forum merely because a new legislative framework has been enacted and a new tribunal has been established for dealing with company law matters.

The Court then examined the scope and application of Section 446 of the Companies Act, 1956. This provision, as noted earlier, requires that any suit or legal proceeding against a company in liquidation can only be commenced or continued with the leave of the Court. The Court emphasized that the term “Court” in this provision refers to the Court that made the winding-up order. Since the company in the present case was wound up by the Kerala High Court under the provisions of the Companies Act, 1956, the High Court remained the appropriate forum for granting leave to proceed with any legal proceedings, including criminal complaints.

An important aspect of the Court’s reasoning pertained to the nature of criminal proceedings under the Negotiable Instruments Act and whether such proceedings require leave under Section 446 of the Companies Act, 1956. The Court referred to its earlier decision in Jose Antony v. Official Liquidator [2], where it had been held that only those criminal proceedings which relate to the assets of the company come within the ambit of legal proceedings contemplated under Section 446. Proceedings under Section 138 of the Negotiable Instruments Act, which concern dishonored cheques, are directly related to the realization of debts due to the company and consequently relate to the assets of the company. Therefore, such proceedings do fall within the scope of Section 446, and leave of the Court is required to continue them.

The Court then addressed the central question of whether the Official Liquidator needed to obtain leave from the National Company Law Tribunal or from the High Court itself. The Court held unequivocally that since the company was wound up by the High Court under the Companies Act, 1956, the jurisdiction to grant leave for continuing legal proceedings remained with the High Court. The establishment of the National Company Law Tribunal under the Companies Act, 2013 and the transfer of jurisdiction for new winding-up petitions to the tribunal did not affect the continuing jurisdiction of High Courts over companies already wound up under their supervision.

The Court’s reasoning was grounded in the principle of jurisdictional continuity, which holds that once a Court acquires jurisdiction over a matter, that jurisdiction continues until the matter is finally disposed of unless expressly divested by statute. In the present case, there was no provision in the Companies Act, 2013 that expressly transferred the supervisory jurisdiction over companies wound up under the 1956 Act from High Courts to the National Company Law Tribunal. The transitional provisions in the 2013 Act dealt primarily with the transfer of pending proceedings, but did not address the question of continuing supervisory jurisdiction over completed winding-up orders.

Furthermore, the Court noted that requiring the Official Liquidator to approach the National Company Law Tribunal for leave to continue criminal proceedings in a matter where the company was wound up by the High Court would create procedural complications and unnecessary multiplicity of proceedings. It would also be inconsistent with the principle of having a single supervising forum for all matters relating to a particular liquidation. The High Court, having appointed the Official Liquidator and having supervisory control over the liquidation process, was best positioned to consider applications for leave to proceed with legal proceedings and to ensure that such proceedings were in the interests of the company’s creditors and stakeholders.

The Court also considered the practical implications of its decision. Thousands of companies across India were wound up by High Courts under the Companies Act, 1956 and remain in liquidation with Official Liquidators continuing to realize assets and settle claims. Many of these liquidations involve pending legal proceedings, including criminal complaints under the Negotiable Instruments Act and other statutes. If all such matters required leave from the National Company Law Tribunal rather than the High Court that ordered the winding-up, it would create enormous procedural burden and jurisdictional confusion. The Court’s decision provides much-needed clarity and ensures that the liquidation process continues smoothly under the supervision of the forum that initiated and oversaw it.

Implications for Official Liquidators and Corporate Stakeholders

The judgment of the Kerala High Court has significant practical implications for Official Liquidators, creditors, and other stakeholders involved in the liquidation of companies wound up under the Companies Act, 1956. The decision provides procedural clarity and eliminates a potential source of delay and litigation that could have hampered the efficient realization of assets in liquidation proceedings.

For Official Liquidators, the judgment confirms that they can continue to approach the High Court that ordered the winding-up for all permissions and directions required in the course of liquidation. This includes applications for leave to proceed with or defend legal proceedings, applications for directions regarding the realization of assets, and applications for approval of settlements and distributions. The Official Liquidator need not navigate the complexity of approaching a different forum, the National Company Law Tribunal, for such matters. This procedural simplification is particularly important given that Official Liquidators handle multiple liquidations simultaneously and efficiency in procedure directly impacts the speed and effectiveness of asset realization.

For creditors and other stakeholders, the judgment provides assurance that their claims and rights will continue to be adjudicated under the supervision of the High Court that has been overseeing the liquidation from its inception. This continuity is important for maintaining confidence in the liquidation process and ensuring that stakeholders have clarity regarding the appropriate forum for raising grievances and pursuing their claims. The judgment also confirms that criminal proceedings under the Negotiable Instruments Act can be effectively pursued by Official Liquidators without the procedural hurdle of obtaining permission from a separate tribunal.

The decision also has implications for companies wound up under the Companies Act, 1956 where criminal proceedings are pending. In many cases, directors and officers of such companies face prosecution under various criminal statutes, including the Negotiable Instruments Act, the Indian Penal Code, and special economic offenses legislation. The judgment clarifies that while such criminal proceedings can continue, the prosecution must obtain leave from the High Court supervising the liquidation to the extent that the proceedings relate to the assets of the company. This ensures that criminal proceedings do not proceed in a manner that is detrimental to the orderly winding-up of the company or that prejudices the interests of creditors.

From a broader systemic perspective, the judgment reinforces the importance of jurisdictional clarity in corporate insolvency and liquidation law. The establishment of the National Company Law Tribunal represented a major reform in India’s corporate dispute resolution framework, bringing together jurisdiction over insolvency, company law matters, and related commercial disputes under one specialized forum. However, the transition from the old regime under the Companies Act, 1956 to the new regime under the Companies Act, 2013 has inevitably created certain transitional challenges. The Kerala High Court’s judgment addresses one such challenge and provides a precedent that can guide courts and tribunals in resolving similar jurisdictional questions.

Regulatory Framework and the Role of National Company Law Tribunal

The National Company Law Tribunal represents a significant institutional innovation in India’s corporate governance and insolvency framework. Established under the Companies Act, 2013, the tribunal was constituted to provide a specialized forum for adjudication of company law matters, insolvency and bankruptcy proceedings, and related commercial disputes. Understanding the role and jurisdiction of the National Company Law Tribunal is essential to appreciating the significance of the Kerala High Court’s judgment and the jurisdictional boundaries that the Court has delineated.

The National Company Law Tribunal is constituted under Section 408 of the Companies Act, 2013. The tribunal consists of judicial members and technical members with expertise in law, accountancy, company law, and related fields. Each bench of the tribunal is presided over by a judicial member, who must be a person qualified to be a judge of a High Court. The technical members bring domain expertise that enables the tribunal to deal effectively with complex commercial and corporate matters. This composition reflects the legislature’s intention to create a specialized adjudicatory body that combines legal expertise with commercial and technical understanding.

The jurisdiction of the National Company Law Tribunal is expansive and covers a wide range of matters under the Companies Act, 2013. The tribunal has jurisdiction to hear and dispose of petitions for winding up of companies, applications relating to corporate insolvency resolution processes under the Insolvency and Bankruptcy Code, 2016, matters relating to oppression and mismanagement, compromises and arrangements between companies and their creditors or members, and various other matters specified in the Companies Act. The tribunal also exercises powers that were previously vested in the Company Law Board, which was abolished following the enactment of the Companies Act, 2013.

One of the key objectives behind the establishment of the National Company Law Tribunal was to ensure speedy disposal of corporate disputes. The tribunal is required to dispose of applications within specified time limits and is empowered to take measures to expedite proceedings. The Insolvency and Bankruptcy Code, 2016 further strengthened the framework by providing strict timelines for resolution of insolvency proceedings and imposing disciplines on the conduct of proceedings before the tribunal. These reforms were aimed at addressing the chronic problem of delays in commercial dispute resolution in India and creating a more efficient framework for dealing with corporate distress.

The National Company Law Tribunal exercises powers equivalent to those of a civil court under the Code of Civil Procedure, 1908 for purposes of taking evidence, enforcing attendance of witnesses, compelling discovery and production of documents, and other procedural matters. The tribunal also has the power to punish for contempt and to enforce its orders through appropriate coercive measures. These powers ensure that the tribunal can effectively adjudicate matters before it and enforce compliance with its directions.

Appeals from orders of the National Company Law Tribunal lie to the National Company Law Appellate Tribunal, which is constituted under Section 410 of the Companies Act, 2013 [3]. The appellate tribunal is headed by a chairperson who is or has been a judge of the Supreme Court or a Chief Justice of a High Court, and includes judicial and technical members. Further appeals from the National Company Law Appellate Tribunal lie to the Supreme Court of India on questions of law. This appellate hierarchy provides for judicial review of the tribunal’s decisions while maintaining the specialized nature of the adjudicatory framework.

Despite the comprehensive jurisdiction of the National Company Law Tribunal under the Companies Act, 2013, the Kerala High Court’s judgment makes it clear that the tribunal’s jurisdiction does not retrospectively extend to companies wound up by High Courts under the Companies Act, 1956. The Court clarified that criminal complaints can proceed without NCLT approval, and the supervisory jurisdiction of High Courts over such liquidations remains intact. The tribunal does not have authority to grant leave for proceedings against such companies or to exercise supervisory control over the conduct of such liquidations. This delineation of jurisdiction is important for maintaining systemic clarity and ensuring that the transition from the old legislative regime to the new one does not create procedural confusion or undermine ongoing liquidation proceedings.

Procedural Aspects of Criminal Complaints Under the Negotiable Instruments Act

The criminal proceedings that were the subject of the Kerala High Court’s judgment involved complaints under Section 138 of the Negotiable Instruments Act, 1881. Understanding the procedural framework for such complaints and their relationship with liquidation proceedings is crucial to appreciating the significance of the Court’s decision.

Section 138 of the Negotiable Instruments Act creates an offense when a cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account is returned by the bank unpaid due to insufficiency of funds or for the reason that it exceeds the arrangement made by the drawer with his banker. The provision prescribes specific procedures that must be followed before a criminal complaint can be filed. The payee or holder in due course of the cheque must make a demand for payment by giving a notice in writing to the drawer of the cheque within thirty days of the receipt of information from the bank regarding the dishonor. If the drawer fails to make payment within fifteen days of the receipt of this notice, the payee can file a criminal complaint within one month of the expiry of the fifteen-day period.

The offense under Section 138 is punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both. The provision also empowers courts to order payment of compensation to the complainant in addition to imposing punishment. This compensatory aspect makes Section 138 proceedings particularly relevant in the context of liquidation, as successful prosecution can result in recovery of amounts due to the company, which can then be distributed among creditors.

When a company is wound up and an Official Liquidator is appointed, the liquidator becomes responsible for realizing all assets of the company, including book debts and amounts due under dishonored cheques. If criminal complaints under Section 138 were pending at the time of the winding-up order, the Official Liquidator must continue prosecution. Importantly, the Kerala High Court confirmed that NCLT approval not required for criminal complaints, allowing liquidators to pursue such proceedings directly through the High Court. Amounts recovered through these proceedings form part of the company’s assets and must be distributed according to statutory priority among creditors.

The requirement of obtaining leave from the Court supervising the liquidation before proceeding with legal proceedings, including criminal complaints, serves several important purposes. It enables the Court to ensure that the proceedings are in the interests of creditors and stakeholders and that they are being pursued diligently and efficiently. It also prevents frivolous or vexatious proceedings that might impose costs on the liquidation estate without corresponding benefits. Furthermore, it ensures that all legal proceedings are coordinated under the supervision of a single forum, preventing conflicting directions and ensuring consistency in the approach to realization of assets.

The Kerala High Court’s judgment confirms that criminal complaints under Section 138 of the Negotiable Instruments Act fall within the scope of legal proceedings that require leave under Section 446 of the Companies Act, 1956. The Court clarified that this leave must be obtained from the High Court that ordered the winding-up and not from the National Company Law Tribunal, making it clear that approval from the NCLT is not required for pursuing criminal complaints. This ensures that Official Liquidators can continue such proceedings efficiently, without unnecessary procedural hurdles or jurisdictional confusion.

Comparative Analysis with Other Jurisdictions

The question of jurisdiction over companies in liquidation and the authority required for liquidators to pursue legal proceedings is not unique to India. Courts and tribunals in various jurisdictions have grappled with similar issues, particularly during periods of legislative transition or reform. Examining how other jurisdictions have addressed these questions provides useful context for understanding the Kerala High Court’s approach and the principles underlying its decision.

In the United Kingdom, which has a well-developed insolvency law framework, liquidators appointed by courts exercise wide powers to pursue legal proceedings on behalf of companies in liquidation. The Insolvency Act, 1986 provides that once a winding-up order is made, no action or proceeding can be proceeded with or commenced against the company except by leave of the court. The court in this context is the court that made the winding-up order. This principle is similar to that articulated by the Kerala High Court and reflects the importance of maintaining unified supervision over the liquidation process.

In Australia, corporate insolvency proceedings are governed by the Corporations Act, 2001, which establishes a comprehensive framework for winding up companies and conducting liquidations. Australian law requires that liquidators obtain approval from courts or creditors for certain actions, including pursuing legal proceedings above specified monetary thresholds. The courts have consistently held that the supervisory jurisdiction over a liquidation remains with the court that ordered the winding-up, unless jurisdiction is expressly transferred by statute or with the consent of parties. This approach aligns with the principle of jurisdictional continuity articulated by the Kerala High Court.

In Singapore, the Companies Act provides that when a winding-up order is made, no suit or other legal proceeding shall be proceeded with or commenced against the company except by leave of the court. The courts in Singapore have held that this provision applies to all forms of legal proceedings, including criminal proceedings that have civil consequences for the company’s assets. The approach taken by Singaporean courts emphasizes the need for coordinated supervision of all proceedings that might affect the assets available for distribution to creditors.

In the United States, corporate bankruptcy proceedings are governed by the federal Bankruptcy Code, which establishes an automatic stay that prohibits creditors from pursuing claims against the debtor company without permission from the bankruptcy court. While the structure of US bankruptcy law differs significantly from Indian insolvency law, the underlying principle is similar, which is that once insolvency proceedings commence, all claims against the company must be dealt with in an orderly manner under the supervision of the insolvency court. This ensures equitable treatment of creditors and prevents a race to judgment that could undermine the collective insolvency process.

The comparative analysis reveals that the approach taken by the Kerala High Court is consistent with international best practices in insolvency law. The principle that the court or tribunal that orders the winding-up of a company retains supervisory jurisdiction over the liquidation process and must grant leave for legal proceedings against the company is widely recognized across jurisdictions. This principle promotes efficiency, consistency, and fairness in the administration of insolvency proceedings and ensures that the interests of all stakeholders are appropriately balanced under unified judicial supervision.

Conclusion

The judgment of the Kerala High Court in the matter of M/s. Kalpetta Janakshema Maruthi Chits Private Limited (In Liquidation) represents an important contribution to the jurisprudence on corporate insolvency and liquidation in India. By holding that Official Liquidators approval not required from the National Company Law Tribunal (NCLT) to proceed with criminal complaints in cases where companies were wound up by High Courts under the Companies Act, 1956, the Court has provided crucial procedural clarity and eliminated a potential source of confusion and delay in liquidation proceedings.

The judgment is grounded in sound legal principles, including the doctrine of jurisdictional continuity, the importance of unified supervision over liquidation proceedings, and the need to interpret transitional provisions in a manner that promotes efficiency and avoids multiplicity of proceedings. The Court’s analysis of Section 446 of the Companies Act, 1956 and its application to criminal proceedings under the Negotiable Instruments Act reflects a careful balancing of the interests of creditors, stakeholders, and the broader objectives of insolvency law.

For Official Liquidators, creditors, and other stakeholders involved in liquidations under the Companies Act, 1956, the judgment provides clear guidance on procedural matters and confirms that the High Court supervising the liquidation remains the appropriate forum for all applications and directions relating to the conduct of the liquidation. This clarity will facilitate the efficient realization of assets and distribution to creditors, which are the ultimate objectives of the liquidation process.

The decision also contributes to the broader development of India’s insolvency and bankruptcy framework. As the country continues to refine and strengthen its mechanisms for dealing with corporate distress, judicial decisions that provide clarity on jurisdictional questions and procedural matters play a vital role in building confidence in the system and ensuring that the framework operates effectively. The Kerala High Court’s judgment is an important step in this ongoing process of legal development and reform.

References

[1] LiveLaw. (2025). NCLT Approval Not Needed To Adjudicate Criminal Complaints In Cases Where Companies Were Wound Up By HC: Kerala High Court. Retrieved from https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-leave-nclt-official-liquidator-wound-up-company-1956-act-pending-305566 

[2] Jose Antony v. Official Liquidator, 1998 (2) KLT 176 (Kerala High Court)

[3] Ministry of Corporate Affairs, Government of India. National Company Law Appellate Tribunal. Retrieved from https://nclat.nic.in/ 

[4] The Legal Affair. (2025). Kerala High Court Clarifies That NCLT Leave Is Not Required for Criminal Complaints in Winding Up Cases Under the Companies Act, 1956. Retrieved from https://thelegalaffair.com/news/kerala-high-court-clarifies-that-nclt-leave-is-not-required-for-criminal-complaints-in-winding-up-cases-under-the-companies-act-1956/ 

[5] Verdictum. (2025). Kerala High Court: Leave Of NCLT Not Required For Proceeding With Criminal Complaint Under NI Act Against Company Wound Up Under High Court’s Jurisdiction. Retrieved from https://www.verdictum.in/court-updates/high-courts/kerala-high-court/shajukg-v-mskalpetta-janakshema-maruthi-chits-private-limited-2025ker66124-leave-nclt-criminal-complaint-company-wound-up-1593152 

[6] Ministry of Corporate Affairs, Government of India. National Company Law Tribunal Official Website. Retrieved from https://nclt.gov.in/ 

[7] Ministry of Law and Justice, Government of India. The Companies Act, 1956. Retrieved from https://www.indiacode.nic.in/ 

[8] Indian Kanoon. Section 446 in The Companies Act, 1956. Retrieved from https://indiankanoon.org/search/?formInput=section+446+companies+act 

[9] BW Legal World. (2025). NCLT Leave Not Required for Criminal Complaints Against Wound-Up Companies: Kerala High Court. Retrieved from https://www.bwlegalworld.com/article/nclt-leave-not-required-for-criminal-complaints-against-wound-up-companies-kerala-high-court-573926