JUDGMENT: ( F.I. REBELLO, J.)

1. The petitioner - a registered body has filed this petition on behalf of its members and financiers who also are its members and who carry on business of financing under Hire Purchase Agreement for motor vehicles. The locus of the petitioner to file the petition has not been disputed including by respondent No. 7, who has filed the affidavit. The contention of the petitioner is that they have approached this court on account of harassment which was being caused by Jalgaon police to some of the financiers - members of the federation and because of the financiers writing a letter to the President of the federation to take the lead in giving protection to the financiers.

2. Shortly, the case, according to the petitioner is that, there are as many as six financiers, who were its members and who were carrying on business of financing at Jalgaon under hire purchase basis of motor vehicles. One Kirtansingh s/o Harisingh Chabada filed a complaint on 07-02-1994, which was registered by the City Police a Crime No. 13/1994 for the offence punishable under Section 468, 506 read with Section 34 of the Indian Penal Code. The case of the complainant against the financiers - members was that the financiers are not possessing the money lending licence and still they are carrying on the business of money lending. According to the petitioner, in the complaint, it was stated that those who are in need of money have been given a loan and exorbitant amounts are being recovered. Based on registration of the complaint, the financiers were arrested, handcuffed and paraded in Jalgaon City. Similar are the incidents as occurred in other parts including at Malegaon in Nashik District.

3. According to the petitioner, in view of such incidents, which is likely to affect their business, the petitioners have approached this court, as there are several points which required to be considered including their rights under the Motor Vehicles Act and the Rules made thereunder. Also whether the provisions of Bombay Money Lenders Act can be made applicable to the financiers who deal in giving motor vehicles on hire purchase basis and several other questions as set out in the petition. Our attention is invited to the various provisions of the Motor Vehicles Act. It is set out that the financier is the legal owner and the Registering Authority is required to intimate the financier about each and every transaction relating to the vehicle by following the procedure under the Rules. Accordingly, the petitioner has sought the following relief:

By issuing an appropriate writ or direction or order in the nature of appropriate writ, it be declared that, the Bombay Money Lender’s Act, 1946 (The Bombay Act) is not applicable to the financiers, who are carrying on the business in financing under hire purchase agreement or otherwise under the Motor Vehicles Act, 1988, and under the Central Motor Vehicles Rules, 1989 and the Motor Vehicles Act, 1939. . There are some other reliefs including certain directions not to register any crime at the instance of hire operator. It is not necessary to refer to other reliefs. Interim reliefs were sought. However, we do not find that any interim relief is granted by this court, pending the petition.

4. Respondent No. 7 Bipinkumar Singh has filed reply. In the reply, it is denied that any member of the federation was handcuffed and paraded in Jalgaon city. There is also denial of the other events, as set out in the petition. It is then set out that one Kirtensingh Harisingh Chabda, lodged a complaint alleging that on 08-08-1991, he had taken Rs. 30,000/- from Gautamchand Tuto Mobiles Financier, Hyderabad on interest at the rate of 5% per month till the end of 20 months with interest on initial amount of Rs. 30,000/-, total went upto Rs. 60,000/-, out of which he paid Rs. 42,000/- and Rs. 18,000/- were remained unpaid, for which he gave his Maruti Van No. MH-19-1090, against payment of Rs. 18,660/-. Maruti Van was

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