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2014 Supreme(Mad) 4087

SANJAY KISHAN KAUL, V.DHANAPALAN
AR. Jeyarhuthran – Appellant
Versus
Union of India, rep. by Secretary to Government, Ministry of Finance, Jeevan Deep Building – Respondent


Advocates Appeared:
For the Petitioner: Party-in-person.
For the Respondents:R1, G.R. Swaminathan, Asst. Solicitor General, R2, K.R. Laxman, R3, B. PUgalendhi, Spl.Govt.Pleader, R4, B. Saravanan, R5, S. Ramesh, Advocates.

Judgment :

1. The petitioner, through this public interest litigation, seeks quashing of the communication, dated 03.05.2012, addressed by the Reserve Bank of India to the petitioner.

2. The petitioner had earlier filed a writ petition in W.P.(MD)No.2206 of 2012, seeking to raise the issue of allegedly exorbitant interest rates being charged from borrowing public by the Non-Banking Financial Companies (NBFCs), more specifically the 4th and the 5th respondents. A Division Bench of this Court, by order dated 24.02.2012, was not inclined to entertain the petition as a Public Interest Litigation but, at the same time, felt that the issue raised was a laudable one and thus the statutory bodies, like the Reserve Bank of India, who are to regulate non-baking institutions, are to examine the matter and the petitioner was given liberty to do so. The petitioner, thus, addressed a letter, dated 25.01.2012, to the Governor, The Reserve Bank of India, raising the same issue, to which the impugned reply, dated 03.05.2012, has been sent in the following terms:

"2. In this connection we advise that as per the extant policy, the Reserve Bank of India is not regulating/fixing the interest rates to






















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