Madras High Court
M/S.Gautham Hire Purchase ... vs Union Of India on 14 December, 2021
W.P.No.23779 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2021
CORAM
THE HON'BLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.No.23779 of 2018
and W.M.P.No.27731 of 2018
M/s.Gautham Hire Purchase Limited
Having its registered office at
"Lalwani Mansion"
2/28, Vinayagar Maistry Street,
Sowcarpet, Chennai - 600 009.
represented by its Authorised Signatory
Mr.Gautham Chand Jain ...Petitioner
Vs
1.Union of India
Represented by its Secretary to the Government
The Ministry of Finance,
North Block, Cabinat Secretariat, Raisina Hill,
New Delhi -110 001,
India.
2.Reserve Bank of India,
Regional Directory,
Department of Non-Banking supervision,
16, Rajaji Salai, Fort Glacis,
Chennai,
Tamil Nadu 600 001. ... Respondents
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.23779 of 2018
Prayer Writ Petition filed under Section 226 of the Constitution of India,
prayed for the issuance of Writ of Certiorarified Mandamus, calling for the
records of the second respondent relating to the impugned order dated
26.07.2018 cancelling the Certificate of Registration No.B.07.00447 dated
23.12.1999 issued to the petitioner, quash the same as illegal, arbitrary and
devoid of merit and consequently direct the respondents herein to permit
petitioner to get reappointed as Director of any company or appointed as
Director in any company without ant hindrance.
For Petitioner : Mr. C.V.Shailandhran
For R1 : Mr.A.Murugan
For R2 : Mr.Chevaran Mohan
for M/s.King and Partridge
ORDER
This Writ Petition has been filed, for the issuance of Writ of
Certiorarified Mandamus, calling for the records of the second respondent
relating to the impugned order dated 26.07.2018 cancelling the Certificate of
Registration No.B.07.00447 dated 23.12.1999 issued to the petitioner, quash
the same as illegal, arbitrary and devoid of merit and consequently direct the
respondents herein to permit petitioner to get reappointed as Director of any
company or appointed as Director in any company without ant hindrance.
https://www.mhc.tn.gov.in/judis
W.P.No.23779 of 2018
2.When the matter is taken up for hearing, the learned counsel for the
petitioner and the learned counsel appearing for the respondents submitted that,
in a similar issue, this Court passed an order, whereby dismissed the Writ
Petition granting liberty to the petitioner to approach the Appellate Authority
under Section 45-IA(7) of the RBI Act.
3.The relevant portion of the order passed by the Hon'ble Division Bench
of this Court in W.A.No.940 of 2019 etc., batch dated 22.04.2019, is extracted
hereunder:
"46.In the result, the appeals are allowed,
the impugned common order passed in the writ
petitions is set aside and the writ petitions stand
disposed of by directing the respondents/writ
petitioners to file appeal under Section 45-IA(7)
of the RBI Act, 1934 as amended within a period
of 30 days from the date of receipt of a copy of
this judgment and raise all contentions before the
appellate authority including the contention that
as of now, all the respondents have complied with
the requirement of 200 lakhs of rupees of NOF
and request the appellate authority to accept the
https://www.mhc.tn.gov.in/judis
W.P.No.23779 of 2018
compliance as due compliance of the requirement
under the relevant notification to enable the
respondents/writ petitioners to carry on their
business. Such prayer be considered by the
appellate authority on merits and in accordance
with law. o costs. Consequently, connected
miscellaneous petitions are closed."
4.In view of the above, this Court is inclined to dismiss the Writ Petition
on the same line as the order passed by the Hon'ble Division Bench of this Court
as referred above.
5.Accordingly, this Writ Petition is dismissed with liberty to the petitioner
to approach the Appellate Authority under Section 45-IA(7) of the RBI Act,
within a period of 30 days from the date of receipt of a copy of this order. No
costs. Connected miscellaneous petition is closed.
14.12.2021
Index: Yes/No
Internet: Yes/No
Speaking Order/Non Speaking Order
rst
https://www.mhc.tn.gov.in/judis
W.P.No.23779 of 2018
To
1.Secretary to the Government
Union of India
The Ministry of Finance,
North Block, Cabinat Secretariat, Raisina Hill,
New Delhi -110 001,
India.
2.Reserve Bank of India,
Regional Directory,
Department of Non-Banking supervision,
16, Rajaji Salai, Fort Glacis,
Chennai,
Tamil Nadu 600 001.
https://www.mhc.tn.gov.in/judis
W.P.No.23779 of 2018
KRISHNAN RAMASAMY.J.,
rst
W.P.No.23779 of 2018
and W.M.P.No.27731 of 2018
14.12.2021
https://www.mhc.tn.gov.in/judis
