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2017 Supreme(Cal) 360

DEBANGSU BASAK
Peerless General Finance & Investment Co. Ltd. – Appellant
Versus
Reserve Bank of India – Respondent


Advocates Appeared:
Amitava Mukherjee, Jayanti Kumar Mitra, S.P. Majumdar, Hirak Kumar Mitra, A. Chatterjee, Sr. Advocates, Amit Kumar Saha, Debdutta Sea, Suchismita Chatterjee, Amal Mitra, T. Nag Chowdhury, A. Basu

JUDGMENT :

1. The two writ petitions along with one application each made in such two writ petition for vacating the subsisting interim order are taken up for hearing analogously.

2. The writ petitioners seek cancellation of the directive of Reserve Bank of India to the respondent company to transit from Residuary Non-Banking Company (RNBC) business. For the sake of identification, W.P. No. 5232(W) of 2012 being the first in point of time, is referred to as the first writ petition and W.P. No. 11089(W) of 2012 being the second in point of time, is referred to as the second writ petition.

3. Learned Senior Advocate appearing in support of the first writ petition submits that, the Reserve Bank of India (RBI) had issued the impugned writing dated September 28, 2007, addressed to the Managing Director of the respondent company speaking of a review meeting claimed to be held on September 24, 2007. Referring to such review meeting RBI by the impugned letter dated September 28, 2007, has directed the respondent company to transit from RNBC model to other business model. He submits that, the RBI could not have issued such directive under the provisions of the RBI Act, 1934. He refers to the v





































































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