Kerala High Court
Associated Hire Purchase And ... vs The State Of Kerala And Others on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 2892 OF 2009
PETITIONER:
ASSOCIATED HIRE PURCHASE & CREDITS LTD
1ST FLOOR, VETTUKATTIL HOSPITAL COMPLEX,
T.B.JUNCTION, MUVATTUPUZHA-686661
REPRESENTED BY ITS MANAGING DIRECTOR, G.VINAYAN.
BY ADV SRI.JOSE JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT OF KERALA
TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
3 THE COMMISSIONER OF COMMERCIAL TAXES
PUBLIC OFFICE BUILDING,THIRUVANANTHAPURAM.
4 THE INTELLIGENCE OFFICER (IB)
(MATTANCHERY)O/O DEPUTY COMMISSIONER (INT.),
COMMERCIAL TAXES, EDAPPALLY, COCHIN-24.
5 THE DEPUTY GENERAL MANAGER RESERVE BANK OF INDIA,
DEPARTMENT OF NON-BANKING SUPERVISION,
THIRUVANANTHAPURAM.
BY ADV.
SMT.RASHMI.K.M, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2021, ALONG WITH WP(C).2893/2009, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 2892 OF 2009 &
WP(C) NO. 2893 OF 2009
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
WP(C) NO. 2893 OF 2009
PETITIONER:
DHANALAKSHMI HIRE PURCHASE & LEASING LTD.
SURYA COMPLEX, VELLOORKUNNAM, MARKET P.O.,
MUVATTUPUZHA - 686 673
REPRESENTED BY ITS CHAIRMAN, C.K.SHAJI.
BY ADV SRI.JOSE JOSEPH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM.
2 THE SECRETARY TO GOVERNMENT OF KERALA
TAXES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
3 THE COMMISSIONER OF COMMERCIAL TAXES
PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM.
4 THE INTELLIGENCE OFFICER (IB)
(MATTANCHERY) O/O.DEPUTY COMMISSIONER (INT.),
COMMERCIAL TAXES, EDAPPALLY,COCHIN-24.
5 THE DEPUTY GENERAL MANAGER,
RESERVE BANK OF INDIA,
DEPARTMENT OF NON-BANKING SUPERVISION,
THIRUVANANTHAPURAM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.09.2021, ALONG WITH WP(C).2892/2009, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2892 OF 2009 &
WP(C) NO. 2893 OF 2009
3
P.V.KUNHIKRISHNAN, J.
========================
WP(C) NO. 2892 OF 2009
&
WP(C) NO. 2893 OF 2009
========================
Dated this the 13th day of September, 2021
JUDGMENT
The prayers in these writ petitions are almost similar
and therefore, I am disposing these writ petitions by a
common judgment. It will be better to extract the prayer in
W.P.(C) No.2892 of 2009.
"(i) declare that the State of Kerala has no authority or
jurisdiction to insist the petitioner to take license
under the Kerala Money Lenders Act, 1958 to
carry on its business,
(ii) declare that provisions of the Kerala Money
Lenders Act, 1958 is not applicable to Non Banking
Financial Companies like the petitioner company
incorporated under the provisions of the Indian
Companies Act and registered with the Reserve
Bank of India in terms of the provisions of the
Reserve Bank of India Act,1934, and is controlled
and governed by the provisions of the R B I Act,
(iii) declare that it is beyond the competence of the
State Legislature to impose unreasonable
restrictions on the petitioner to carry on its
business invoking the provisions under the Kerala
Money Lenders Act, 1958,
(iv) issue a writ of mandamus or any other appropriate
writ, order or direction restraining respondents 1
to 4 from insisting the petitioner to take license
WP(C) NO. 2892 OF 2009 &
WP(C) NO. 2893 OF 2009
under the Kerala Money Lenders Act, 1958 for
carrying on its business,
(v) call for the records of the case leading to Ext P5
and quash it by the issue of a writ of certiorari or
any other appropriate writ or order,
(vi) Call for the records of the leading to Ext. P6 notice
issued to the petitioner and quash the same by the
issue of a writ of certiorari or any other
appropriate writ or order,
(vii) pass such other orders, directions or writs as may
be prayed for and this Hon'ble Court may deem fit
and proper in the facts and circumstances of the
case."
2. These writ petitions were admitted in the light of
the pendency of W.A.No.625/2007 before the Division
Bench, which is a connected matter. When the matter
came up for consideration on 06.09.2021, this Court
directed the Registry to enclose a copy of the judgment in
W.A.No.625 of 2007 and the Registry enclosed the same.
The Division Bench of this Court already dismissed the Writ
Appeal. The counsel for the petitioner submitted that an
S.L.P is filed before the Supreme Court challenging the
judgment and that the same is pending before the Apex
court. Admittedly, there is no interim order passed in this
writ petition.
WP(C) NO. 2892 OF 2009 &
WP(C) NO. 2893 OF 2009
Therefore, these writ petitions are closed with an
observation that the further action if any is taken by the
respondents against the petitioners, the same will be
subject to the final decision from the Apex court.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
scs
WP(C) NO. 2892 OF 2009 &
WP(C) NO. 2893 OF 2009
APPENDIX OF WP(C) NO. 2892 OF 2009
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE RBI TO THE
PETITIONER
EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE
RBI TO THE PRINCIPAL SECRETARY, FINANCE
DEPARTMENT, GOVERNMENT OF KERALA
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OP
NO.24330/2001
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER
NO.13365/H2/05/TD
EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE
INTELLIGENCE OFFICER (IB), MATTANCHERY
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN WA
NO.625/2007
EXHIBIT P8 TRUE COPY OF THE ORDER IN WA
NO.625/2007
WP(C) NO. 2892 OF 2009 &
WP(C) NO. 2893 OF 2009
APPENDIX OF WP(C) NO. 2893 OF 2009
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF
INCORPORATION ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE RBI TO THE
PETITIONER
EXHIBIT P3 TRUE COPY OF THE LETTER ISSUED BY THE
RBI TO THE PRINCIPAL SECRETARY, FINANCE
DEPARTMENT, GOVERNMENT OF KERALA
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN OP
NO.24330/2001
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER
NO.13365/H2/05/TD
EXHIBIT P6 TRUE COPY OF THE NOTICE ISSUED BY THE
INTELLIGENCE OFFICER (IB), MATTANCHERY
EXHIBIT P7 TRUE COPY OF NOTICE ISSUED BY THE
INTELLIGENCE OFFICER (IB), MATTANCHERY
EXHIBIT P8 TRUE COPY OF THE PETITIONER'S REPLY TO
INTELLIGENCE OFFICER (IB), MATTANCHERY
EXHIBIT P9 TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY INTELLIGENCE OFFICER
(IB), MATTANCHERY
EXHIBIT P10 TRUE COPY OF INTERIM ORDER IN WA
NO.625/2007
EXHIBIT P11 TRUE COPY OF THE ORDER IN WA
NO.625/2007
