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2012 Supreme(Guj) 699

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Sundaram Finance Limited – Appellant
Versus
State of Gujarat Through Secretary – Respondent


Advocates Appeared:
For the Petitioner:Percy Kavina, Senior Advocate and Sanjay R. Gupta, Advocate.
For the Respondent:Kamal B. Trivedi, Advocate General, Ms. Sangeeta Vishen, Assistant Government Pleader, S.N. Soparkar, Senior Advocate and Amar N. Bhatt, Advocate.

JUDGMENT :

Bhaskar Bhattacharya, J.

As common questions are involved in these writ-petitions, they were heard together and are disposed of by this common judgment. However, for discussion of the facts, Special Civil Application No. 6223 of 2011 is taken as the lead matter.

2. By this application under Article 226 of the Constitution of India, the writ-petitioner, a Company, incorporated under the provisions of the Companies Act and registered with the Reserve Bank of India under Section 45-IA of the Reserve Bank of India Act, 1934 ["RBI Act"], has prayed for declaration that the provisions of the Gujarat Money-Lenders Act, 2011 and its applicability to the petitioner as a Non Banking Financial Company ["NBFC" for short] registered under the RBI Act, are illegal and ultra vires the Constitution, and for further declaration that the Gujarat Money-Lenders Act, 2011 ["GML Act" for short] is unconstitutional in so far as it applies to the petitioner- Company as NBFC registered under the RBI Act in the absence of legislative competence.

3. The writ-petitioner has further prayed for restraining the respondent no.1 from issuing any notification under Section 1[3] of the GML Act, notifying the

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