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2002 Supreme(Del) 1488

High Court Of Delhi
B.S.SEHGAL - Appellant
Versus
RESERVE BANK OF INDIA - Respondent
C.M. 411 of 2000
Decided On : 09/24/2002

Advocates Appeared:
A.K.THAKUR, AJAY JHA, Gurbaksh Singh, Jayant Bhushan, K.K.JAIN, LIPIKA SHARMA, SANJIV KHANNA, SUNIL KULKARNI, VIKAS PAWHA

The main legal point established in the judgment is the court's consideration of the financial health of the Kuber Group, the impact of the petition on public confidence, and the need to find a viable solution for the depositors and the company.

Headnote:

Public Interest Litigation - Non-Banking Financial Companies - Mutual Benefits Act - [SUMMARY OF ACT SECTIONS REFERENCED: Mutual Benefits Act, RBI Act, Income Tax Act, Indian Penal Code, SEBI regulations] - The court dismissed the applications against Sahara Group and ordered deletion of respondents 30-34 due to lack of merit. The allegations against Kuber Group of companies included irregular business activities, diversion of funds, and violations of RBI directions. The court considered the financial health of the company, the impact of the petition on public confidence, and directed the Kuber Group to submit a fresh scheme for repayment of deposits within eight weeks.

Fact of the Case:

The petition was filed as a public interest litigation involving multiple non-banking financial companies. Allegations were made against Sahara Group and Kuber Group, including irregular business activities, diversion of funds, and violations of RBI directions. The court had previously dismissed applications against Sahara Group due to lack of merit.

Finding of the Court:

The court considered the financial health of the Kuber Group, the impact of the petition on public confidence, and the need to find a viable solution for the depositors and the company. The court dismissed the applications and directed the Kuber Group to submit a fresh scheme for repayment of deposits within eight weeks.

Issues: The issues involved allegations of irregular business activities, diversion of funds, and violations of RBI directions by the Kuber Group. The court also considered the impact of the petition on public confidence and the need to find a viable solution for the depositors and the company.

Ratio Decidendi: The court's decision was influenced by the financial health of the Kuber Group, the impact of the petition on public confidence, and the need to find a viable solution for the depositors and the company. The court dismissed the applications and directed the Kuber Group to submit a fresh scheme for repayment of deposits within eight weeks.

Final Decision: The court dismissed the applications against the Kuber Group and directed them to submit a fresh scheme for repayment of deposits within eight weeks. The matter was listed for further directions.

A. K. Sikri

( 1 ) BEFORE dealing with these applications, it would be appropriate to state the scope of the present writ petition filed by the petitioners. It will help in understanding the controversy involved and the circumstances in which the present applications are filed in the instant writ petition. It may be mentioned that dealing with one of the aspects of the matter relating to "respondents 30-34, this court in its detailed order dated 12th May, 2000 had taken note of the nature of the present writ petition and it would be appropriate to restate the same. The very para of that order is in the following words:

"this petition purportedly involving interest of a large number of investors in some of the non-banking financial companies has been filed by way of public interest litigation in this court. The petitioners claim to be investors in one company or the other arrayed as respondents. Besides individuals, petitioner No. 3 has been styled as Public action Forum which does not appear to be a registered body. Since various companies having diverse facts have been arrayed as respondents, the Court felt that it was difficult to proceed with the petition. The facts involving each company or group of companies are different and the investors are also by and large different. Therefore, putting all of them together and combining them in on petition has led to practical difficulties in proceeding with the case. The court had put this difficulty to the learned counsel for the parties and accordingly it was decided to hear the counsel separately with respect to each company or each group of companies on the question of being retained as a respondent in this petition. Accordingly, we have heard the learned counsel for the parties with respect to respondents 30 to 34 who are Sahara Group of Companies. This order deals with the sahara Group of Companies only. "

( 2 ). This court, accordingly, in the aforesaid order dated 12th May, 2000 dealt with applications in the writ petition relating to Sahara Group of companies and ordered deletion of these respondents who were arrayed as the respondents 30-34 after finding no merit in the applications made against the Sahara Group. The concluding para of that order reads thus:

"in the result, having regard to the submissions made on behalf of the RBI and the Sahara Group, we find no merit in the allegations made against the Sahara group. The learned counsel for the petitioners was unable to controvert any of the submissions made on behalf of the concerned departments. The petitioners have been only banking upon the comptroller and Auditor General report which in our view cannot be used against the Sahara Group in the facts of the present case. It is ordered that the names of respondents 30 to 34 be deleted from the array of parties. An amended petition be filed within four weeks deleting respondents 30 to 34 from the array of parties and deleting the averments qua the said respondents. "

( 3 ). In these CMs we are now concerned with the Kuber group of companies who are impleaded as respondents 43 and 44. The allegations against these respondents are contained in para 38 of the writ petition wherein it is averred that the companies of the Kuber Group have indulged in the numerous irregular business activities and have diverted the money raised from the general public. It is stated that M/s Kuber Mutual Benefits ltd. is a company which is registered as mutual benefit company with the Reserve Bank of India (RBI ). It is accordingly subjected to the directions of the rbi for such mutual benefit company issued from time to time. The allegations are that this Group has flouted such directions and provisions of law and some of the irregularities are as follows:

(A) Kuber Mutual Benefits Ltd. is not supposed to open offices outside the municipal limits of the district where it is registered. However, this company/group has not only opened offices all over India but has also enrolled members from all over I


















































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