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2022 Supreme(Online)(Kar) 45307
M/S MANAPPURAM FINANCE LTD – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 18597/2012
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
W.P.No.18597/2012 (GM-ML/PB)
C/W
W.P.Nos.47108/2011 (GM-RES), 3208/2012 (GM-RES),
7508/2012 (GM-ML/PB), 10835/2012 (GM-RES),
11891/2012 (GM-RES), 15215/2012 (GM-ML/PB)
18932/2012 (GM-RES) AND 11658/2015 (GM-ML/PB)
W.P.No.18597/2012
BETWEEN:
M/S. MANAPPURAM FINANCE LTD.,
FORMERLY KNOWN AS
M/S. MANAPPURAM GENERAL
FINANCE & LEASING LTD.,
REGIONAL OFFICE AT NO.9
2ND FLOOR, 3RD CROSS
ANNIPURA MAIN ROAD
SUDHAMANAGAR, K.H. ROAD
BANGALORE-560027
REPTD. BY ITS REGIONAL MANAGER
(OPERATIONS)
AUTHORIZED SIGNATORY
SRI CHANDRA SEKHARA K.S.
...PETITIONER
(BY SRI B RAVISHANKAR, ADV.)
AND:
1.
THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE-560001.
2.
THE SECRETARY
DEPARTMENT OF CO-OPERATIVE SOCIETY
(MONEY LENDING)
2
M.S. BUILDING
BANGALORE-560001.
3.
THE REGISTRAR OF CO-OPERATIVE SOCIETY/
MONEY LENDERS
NO 1, ALIASKAR ROAD
BANGALORE-560052.
4.
THE DEPUTY REGISTRAR OF MONEY LENDERS
CENTRAL DIVISION
NO.146, 8TH CROSS, 3RD MAIN
MARGOSA ROAD
BANGALORE-560 003.
5.
THE ASSISTANT REGISTRAR OF
MONEY LENDERS
CENTRAL DIVISION
NO.146, 8TH CROSS, 3RD MAIN
MARGOSA ROAD
BANGALORE-560 003.
6.
DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS
NRUPATHUNGA ROAD
BANGALORE-560001.
7.
THE RESERVE BANK OF INDIA
CENTRAL OFFICE, COB, FORT
MUMBAI, BY ITS GOVERNOR.
&RESPONDENTS
(BY SRI M VINOD KUMAR, AGA FOR R1-R6
SMT. RASHMI SUBRAMANYA, ADV. FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT CHAPTER IIIB OF THE RESERVE BANK OF INDIA ACT
OCCUPY THE FIELD WITH REGARD TO CONTROL, PENAL
ACTION ETC., AGAINST THE PETITIONER COMPANY, AND THAT
THE PROVISIONS OF CHAPTER IIIB OF THE R.B.I. ACT SHALL
HAVE OVERRIDING EFFECT ON THE STATE LAWS, NAMELY
THE KARNATAKA MONEY LENDERS ACT, 1961 AND KARNATAKA
PROHIBITION OF CHARGING EXORBITANT INTEREST ACT 2004,
OR IN THE ALTERNATIVE DECLARE THAT THE "KARNATAKA
PROHIBITION OF CHARGING EXORBITANT INTEREST ACT,
3
2004" AND "KARNATAKA MONEY LENDER ACT 1961" IS NOT
APPLICABLE TO THE PETITIONER.
W.P.No.47108/2011
BETWEEN:
SHRIRAM TRANSPORT FINANCE CO. LTD.,
HAVING ITS REGIONAL OFFICE
AT 29/A, K H ROAD
BANGALORE-27
REPTD. BY ITS ASSISTANT MANAGER/
GPA HOLDER
SRI MADHUSHEHAN MANVI
...PETITIONER
(BY SRI JAYAKUMAR S PATIL, SR. COUNSEL A/W
SRI DEVIPRASAD SHETTY, ADV.)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF CO-OPERATION
(MONEY LENDING)
BANGALORE.
2.
THE REGISTRAR OF GENERAL OF
MONEY-LENDERS
ALIASKAR ROAD
BANGALORE-52.
3.
THE DEPUTY REGISTRAR &
MONEY LENDERS
CENTRAL DIVISION
NO.146, 8TH CROSS, 3RD MAIN
MARGOSA ROAD, BANGALORE-3.
4.
THE ASSISTANT REGISTRAR &
MONEY LENDERS
CENTRAL DIVISION
NO.146, 8TH CROSS, 3RD MAIN
MARGOSA ROAD, BANGALORE-3.
4
5.
THE SUB INSPECTOR & POLICE (LAW & ORDER)
WILSON GARDEN POLICE STATION
BANGALORE.
6.
7.
8.
9.
10.
THE RESERVE BANK OF INDIA
CENTRAL OFFICE, COB
FORT MUMBAI
BY ITS GOVERNOR.
A.S.T. ARASU
AGED ABOUT 61 YEARS
S/O. SRI A.M. SEEYALAM
No.35/B,2ND CROSS
60 FT ROAD
MAHAGANAPATHI NAGAR
RAJAJINAGAR
BANGALORE.
R. KRISHNAN
AGED ABOUT 60 YEARS
S/O. SRI D RAMEGOWDA
No.82, II MAIN
EESHWARINAGAR
BSK III STAGE
BANGALORE
K.B. GOPALAKRISHAN
AGED ABOUT 40 YEARS
S/O. SRI BOMMALINGAIAH
CHIKKABIDARAKALLU
REDDY KATTE ROAD
NAGASANDRA POST
BANGALORE.
B.K. PUTTASWAMY
AGED ABOUT 53 YEARS
S/O. SRI KULLEGOWDA
No.108/1, I MAIN
2ND CROSS, RISHIKESH NAGAR
HOSAKEREHALLI
BSK III STAGE
BANGALORE.
&RESPONDENTS
(BY SRI M. VINOD KUMAR, AGA FOR R1-R5
SMT. RASHMI SUBRAMANYA FOR R-6
5
RESPONDENTS 7 TO 10 IMPLEADED V/O DT. 25.01.2012.
SMT. LAKSHMI S HOLLA, ADV. FOR R7-10)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE
THAT THE PROVI
