( 1 ) THE following questions have been REFERRED TO the Full Bench by a Division Bench of this Court:- "1. Whether rule 17h confers power on the Controller of Insuranee to cancel the registration of an insurer independently of section 3 (4) (f) of the Act? If so, whether rule 7h is ultra vires of section 110 (a) of the Act? 2. Whether section 64m (3)ofthe Act read with rule 17h is ultra vires of article 14 of the Constitution as conferring unbridled, arbitrary and discriminatory powers on the Controller of Insurance?"

( 2 ) THE facts of the case are given in detail in the reference of the Division Pench. It may, however, be mentioned that Unique Motor and General Insurance Company Limited. Bombay (hereinafter REFERRED TO as the petitioner-company), is a public limited Company registered and incorporated under the Indian Companies Act, 1913, and was carrying on the business of general insurance and more particularly of motor insurance. On November 6, 1942, the petitioner-company was registered in respect of miscellaneous insurance business under section 3 (6) of the Insurance Act, 1938 (Act IV of 1938 ). called hereafter as the Act.

( 3 ) THE Controller of Insurance,