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2022 Supreme(SC) 440

HEMANT GUPTA, V. RAMASUBRAMANIAN
Nedumpilli Finance Company Limited – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
Bina Mahdavan, Tushar Gupta, for M/S. Lawyer S Knit & Co, K. V. Mohan, K.V. Balakrishnan, Sanjeev Singh, Kajal Bhatia, Dashmeet Uppal, Sudhansu Palo, Naresh Kaushik, Vardhman Kaushik, Manoj Joshi, Anand Singh, Mrs. Lalita Kaushik, R. Anand Padmanabhan, A. Raghunath, Pradeep Kumar Bakshi, Vaibhav Sharma, Guru Krishna Kumar, Nikhil Swami, Divya Swami, Mrs. Prabha Swami, Archana Pathak Dave, Deepanwita Priyanka, Jaideep Gupta, Nishe Rajen Shonker, Mrs. Anu K. Joy, Alim Anvar, Shyam Divan, Anuj B., Chaitanya S., PSS Bhargava, Shikhar Mehra, Manu Nair, Neelabh Shreesh, S. S. Shroff, Hitesh Kumar Sharma, Akhileshwar Jha, Deepati S. Rana, M. T. George, Mrs. Susy Abraham, Johns George, S. Gowthaman, M. Venmani, Challa Kodanda Ram, Balaji Srinivasan, Prateek Yadav, Ramesh Babu M.R., Manisha Singh, Tanya Chudhary, Aparna Sinha, M/S. K J John And Co, Tanmaya Agarwal, M. P. Vinod, Abhisth Kumar, Vikas Mehta, Jogy Scaria, C. K. Sasi, Mukti Chowdhary, E. M. S. Anam, Advocates

JUDGMENT :

V. Ramasubramanian, J.

The question as to whether Non-Banking Financial Companies (for short "NBFCs") regulated by the Reserve Bank of India, in terms of the provisions of Chapter III-B of the Reserve Bank of India Act, 1934 (hereinafter referred to as "RBI Act") could also be regulated by State enactments such as Kerala Money Lenders Act, 1958 (hereinafter referred to as "Kerala Act") and Gujarat Money Lenders Act, 2011 (hereinafter referred to as "Gujarat Act"), has arisen for our consideration in these appeals, with the Kerala and Gujarat High Courts taking opposite views.

2. We have heard the learned counsel for the respective parties, the learned senior counsel appearing for the State of Kerala, the learned standing counsel appearing for the State of Gujarat and the learned counsel appearing for RBI.

FACTUAL MATRIX

3. A brief sojourn into the factual matrix may provide the setting, in the context of which, the above question of law has arisen. It goes as follows:-

KERALA

3.1 The legislature of the State of Kerala passed the Kerala Act, 1958, with the professed object o


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