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2010 Supreme(Guj) 8

JAYANT PATEL
SUNDARAM FINANCE LIMITED – Appellant
Versus
THE ASSISTANT REGISTRAR – Respondent


Advocates Appeared:
MR. SANJAY R. GUPTA for Petitioner(s): 1,
MR. PRAKASH. JANI, GOVERNMENT PLEADER for Respondent(s): 1,

JUDGMENT

MR. JAYANT PATEL -- As common questions arise for consideration in all the petitions, they are being considered by common judgement.

2. In all the petitions, the challenge by the petitioners is the initiation of the action of the respondent authorities under Bombay Money Lenders Act, 1946 (hereinafter referred to as “Money Lenders Act/ML Act”). Basis of all the petitions are that the petitioners are non-banking finance companies (NBFCs) registered under the Indian Companies Act and they are being regulated and governed by the provisions of Reserve Bank of India Act, 1934 (with the amendment and more particularly Chapter-III B) (hereinafter referred to as “RBI Act”). They are under the control and supervision of Reserve Bank of India for the purpose of issuance of instructions and guidelines, therefore, they are not governed by the provisions of ML Act which is a State Act. As the concerned Registrar under ML Act has issued notice calling upon the petitioners to produce the accounts and documents for verification as to whether the provisions of ML Act are being complied with or not, failing which the fine and the other consequence may arise by initiation of the action under






































































































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