Public Interest Litigation (L) No 19 of 2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO. 19 OF 2012
Mumbai Taximen Sangathan & Ors. ..Petitioners.
Versus
The State of Maharashtra and Ors. ..Respondents.
All the Petitioners are present.
Mr. S.K.Nair A Panel counsel for the State.
Coram : MOHIT S. SHAH, C.J. &
RANJIT MORE, J.
Date : March 22, 2012.
P. C. :
Petitioner no.2 who is present before this Court seeks leave
to withdraw from the petition. Leave as prayed for is granted. Name of
petitioner no.2 shall be deleted from the cause title of the petition.
2. The grievance in this PIL is about non enforcement of the
provisions of the Bombay Money Lending Act, 1946 [for short “the said
Act”].
3. Section 13A of the said Act reads as under :-
“13A. For the purpose of verifying, whether the
business of money-lending is carried on in accordance
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with the provisions of this Act any Registrar, Assistant
Registrar or any other officer authorised by the State
Government in this behalf may require any moneylender
or any person in respect of whom the Registrar,
Assistant Registrar or the officer so authorised has
reason to believe that he is carrying on the business of
money-lending in the State to produce any record or
documents in his possession which in his opinion is
relevant for the purpose and thereupon such moneylender
or person shall produce such record or
documents. The Registrar, Assistant Registrar or the
Officer so authorised may after reasonable notice at
any reasonable time enter and search without warrant
any premises where he believes such record or
documents to be and inspect such record or document
and may ask any question necessary for interpreting or
verifying such record.”
4. The material produced by the petitioners on the record of
this petition, prima facie, contains sufficient particulars for the Registrar,
Assistant Registrar or officer so authorised to initiate enquiries under
sections 13A and 13B of the said Act.
5. In view of above, respondent no.8 – Registrar of Money
Lending, Mumbai shall submit a report on the basis of material on the
record of this petition and the further material which may be collected in
the course of enquiry to be conducted under sections 13A and 13B of the
said Act. The report shall be submitted on or before 23rd April 2012.
Stand over to 26 th April 2012 . A copy of the report shall also be served
on petitioner no.1.
6. If, in the course of enquiry, the Registrar requires any
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further information, apart from the concerned parties in relation to whom
there is material on record and the respondents, it will be open to the
Registrar to call for such further information from petitioner no.1 also.
[CHIEF JUSTICE]
[RANJIT MORE, J.]