North East Region Finservices Limited and Anr v. The State of Assam and 5 Ors

ORDER Page No.# 3/4

17.02.2024

The instant writ petition was filed by the petitioner seeking a direction upon the respondent authorities, more particularly, the Deputy Commissioners' of the districts of Assam not to enforce the provisions of the Assam Protection of Interests of Depositors (in Financial Establishments) Act, 2000, as amended, to the petitioner company. The said relief was sought for at that relevant point of time taking into account that the petitioner had a license to carry on the business as a non-banking financial institution without accepting public deposits.

¶2Mr. H Buragohain, the learned counsel appearing on behalf of the Reserve Bank of India submitted that vide order dated 09.09.2022, the Certificate of Registration bearing No.B-08.00177 dated 13.10.2008 issued to the petitioner company was cancelled and the petitioner company has been advised to stop carrying out financial business with immediate effect. The said order has been placed before this Court during the course of the hearing and the same is kept on record and marked with the letter 'Z'.

¶3Taking into account that the petitioner presently does not have any license, the question of issuance of a writ as sought for by way of the instant writ petition does not arise.

¶4Accordingly, the instant writ petition, therefore, stands dismissed.

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JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010122082015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6243/2015o NORTHoEASToREGIONoFINSERVICESoLIMITEDoandoANRo AoCOMPANYoINCORPORATEDoUNDERoTHEoCOMPANIESoACT,o1956oHAVINGo ITSoREGISTEREDoOFFICEoAT-oJIMoBLESSINGoHOME,oGROUNDoFLOOR,o SANGAIPROU,oMAMANGoLEIKAI,oAIRPORToROAD,oIMPHAL,oPINo-o795001,o MANIPUR,oANDoREGIONALoOFFICEoAToASSAMoREGION-I,oHOUSEoNO.o71,o NEARoBORTHAKURoCLINIC,oKHARGHULI,oBELTOLA,oGUWAHATI,oPINo-o 781004,oKAMRUPoMETROoDISTRICT,oASSAM,oREP.oBYoITSoCHAIRPERSON,o ASSAM,oREGION-I,oGUWAHATI-oMRS.oVANAMPHIoSHIMRAY. 2:oMRS.oVANAMPHIoSHIMRAY oD/OoLT.oW.R.oSHIMRAYoR/OoHOUSEoNO.o65 oBELTOL oKHARGHULI oGUWHAATI oPINo-o781004 oKAMRUPoM oASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDISPUR,o GUWAHATI-oPINo-o781006,oKAMRUPoMETRO,oASSAM. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI oPINo-o781006 oKAMRUPoMETROPOLITANoDISTRICT oASSAM. 3:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM Page No.# 2/4 FINANCE DEPARTMENT DISPUR GUWAHATI - 781006 KAMRUP METROPOLITAN DISTRICT ASSAM. 4:THE DIRECTOR GNERAL OF POLICE ASSAM POLICE HEAD QUARTERS B.K. KAKATI ROAD ULUBARI GUWAHATI PIN - 781007. KAMRUP METROPOLITAN DISTRICT ASSAM. 5:THE DIRECTOR BUREAU OF INVESTIGATION ECONOMIC OFFENCES SRIMANTAPUR GUWAHATI PIN - 781029 KAMRUP METROPOLITAN DISTRICT ASSAM. 6:THE RESERVE BANK OF INDIA DEPARTMENT OF NON-BANKING SUPERVISION STATION ROAD POST. BAG NO. 120 PANBAZAR GUWAHATI PIN - 781001 KAMRUP METROPOLITAN DISTRICT ASSAM REP. BY THE DEPUTY GENERAL MANAGER Advocate for the Petitioner : MR.M CHOUDHURY Advocate for the Respondent : SC, FINANCER3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH