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Vibhav   12 August 2024

Does the judgement excluding nbfcs from state laws render state laws ineffective for all lenders?

There is a Supreme Court Judgement of 2022.

Nedumpilli Finance Company Limited vs State Of Kerala . on 10 May, 2022

Available at  https://indiankanoon.org/doc/129693947/

This judgement makes certain State laws which control lending practices inapplicable to NBFCs. 

Does this judgement have a wider implication where State Laws controlling lending are no longer applicable to private lenders too? I mean persons who lend monies privately and who are neither banks or NBFCs?

Please do not give broad answers unless you have read the judgement and are familiar with this area of law.



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     12 August 2024

The judgment discussed about the RBI rules and guidelines about banking sectors and the NBFCs alone and not about the private lenders.

The private lenders are controlled by the State under the respective state laws for the purpose.

The judgment link referred by you was fully perused and there is no mention about excluding the private money lenders from the state money lending act. 

 

1 Like

Vibhav   12 August 2024

Thank you Advocate Kalaiselvan.  You are truly among the best at LCI.

T. Kalaiselvan, Advocate (Advocate)     12 August 2024

You are welcome for your appreciations.


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