Legal Question in Criminal Law in India
Ni act
Can a non banking finance
company NOT registered with RBI
give loans and when cheque
bounces, claim that it is a legally
enforceable debt. Under RBI Act the
company cannot carry on the
business of NBFC without getting
itself registered with RBI.
5 Answers from Attorneys
Re: Ni act
The remedy of a suit for recovery as also a complaint under N.I.Act may still be available. It may be not be a good defence with the borrower that the company is not registered with RBI. The principle of restitution may still apply.
Re: Ni act
Whether the company is a NBFC or not is a question of fact.
If it is a NBFC, failure to register with RBI entails only some penalty. The debts of such company do not become unenforceable.
Re: Ni act
once a person lends you some money, it become legally enforciable debts. And that person can legally recover the debt and persue all legal remedies. Whether a person (here body institution) is registered under any law is immeterial, unlss there is specific bar under the law, restring any legal proceedings by such unregistered person.
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Re: Ni act
Already replied.
Re: Ni act
For lending loans a person/company etc must have a money lending licence also under the money lenders act.
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