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1995 Supreme(Cal) 144

SHYAMAL KUMAR SEN
PEERLESS GENERAL FINANCE AND INVESTMENT CO. LTD. – Appellant
Versus
RESERVE BANK OF INDIA – Respondent


Advocates Appeared:
ASHOKE SEN, AVIJIT CHATTERJI, BASUDEV MUKHERJI, Bhaskar Gupta, DEBAL BANERJI, Jayanta Mitra, K.Gupta, MALAY GHOSH, N.N.Gupta, P.K.Ray, SHANTI BHUSHAN, SOMNATH CHATTERJI, SOUMITRA SEN, SUBRATA ROY

SHYAMAL KUMAR SEN, J.

( 1 ) IN the instant writ petition the petitioners have challenged the legality and validity of the two amendments made by the Reserve Bank of India to the Residuary Non-Banking Companies (Reserve Bank) Directions, 1987, which were framed by the Reserve Bank of India in 1987 in exercise of the powers under Sections 45j and 45k of the Reserve Bank of India Act, 1934. The impugned amendments have been made through two notifications dated April 10, 1993, and April 19, 1993. The impugned amendments purport to have been made under Sections 45j, 45k and 45l of the Reserve Bank of India Act, 1934.

( 2 ) THE petitioner-company carries on the business, inter alia, of offering various small savings schemes to the public at large, Under the said scheme, moneys are paid by the subscribers in lump sum or in instalments and the subscribers get back the said money at the end of a contractually stipulated maturity period along with interest accrued thereon and certain guaranteed accretions and bonus. The petitioner-company invests the subscriptions received from the subscribers in such a manner that it is able to give to the subscriber interest (the minimum rate of which is












































































































































































































































































































































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