JUDGEMENT
K.KANNAN,J. -
(1.) THE writ petition contains a challenge to an amendment brought through
Section 45(s) of the RBI Act of 1934 restricting a partnership to accept
deposits from not more than 25 depositors per partner and not more than
250 depositors in all. The amendment was brought for regulating the operations of non-banking financial institutions and to brought large
scale fraud by fly-by-nite operators. The amendment has public interest
as its sole objective, when it was the experience that large deposits
were garnered by the fraudulent nonCivil banking financial institutions
and unwary poor persons became victims of allurements for return of
deposits with hefty interest. The constitutional vires of the amending
provision has been upheld by the Hon'ble Supreme Court in T. Velayudhan
Achari and another v. Union of India and others-(1993) 1 SCC 582. The
Hon'ble Supreme Court cautioned a hand-off approach to legislation
promoting economic policy while dealing with the same provision in
Bhavesh D. Parish v. Union of India and another-(2000) 5 SCC 471. The
subsequent amendment by Act 23 of 1997 of 01.04.1997 was also upheld in
Kerala Small Financier's Association v. Union of India-(2002) 10 SCC 537.
(2.) THE challenge contained in this writ petition is, therefore, untenable. The writ petition is dismissed.
Petition dismissed.;
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