Writs
Swagata Bose
(Querist) 20 October 2012
This query is : Resolved
Can a Writ petition be file against an NBFC without making the State a party? Please let me know the provisions under which i can defend my case. Its urgent.
R.K Nanda
(Expert) 20 October 2012
state full facts.
Swagata Bose
(Querist) 20 October 2012
Dear Sir,
Thanks for your response. the facts of the case are as such-
A writ petition under article 226 has been filed in M. P. High Court against a non-banking financial institution registered with RBI alleging that they have issued loan to the petitioner without judging the repaying capacity of the petitioner and that she is a thyroid patient. she has also alleged that the NBFC had taken her signatures on blank cheques and documents/agreements, and that they are also charging high rates on interest which are contrary to the guidelines of RBI, money lending laws of the M. P. state, and had deployed goons and mentally tortured the petitioner. I have to prepare a counter on behalf of the NBFC and need help for the same. and i am not familiar with the laws of the M. P. state.
Swagata Bose
(Querist) 20 October 2012
the relief prayed are
to restrain the respondents to the use of muscle power
to restrain the use of blank presigned cheques
to stop predatory lending practices & to obey MP state money lending laws
R.K Nanda
(Expert) 20 October 2012
TAKE HELP OF A LOCAL LAWYER.
Devajyoti Barman
(Expert) 20 October 2012
I believe the Writ is of the Mandamus nature.
Now please indicate apart from NBFC which other public authority is made party to this Writ as NBFC having been private incorporated body, the Rule of Writ would not lie against it solely.
Swagata Bose
(Querist) 22 October 2012
The problem is that no other public authority has been made a party to this writ and the Court has also issued notice in the same.
Devajyoti Barman
(Expert) 22 October 2012
Then I regret the case would fall flat on its face.
I am curious to know how the court admitted the Writ.
