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.


Asked on 12/19/08, 9:17 am

5 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 12/19/08, 7:15 pm
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 12/20/08, 12:42 am
Vivek Mapara Vivek N. Mapara

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.

Feel free to contact

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Answered on 12/20/08, 4:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Ni act

Already replied.

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Answered on 12/20/08, 5:32 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

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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Answered on 12/20/08, 10:15 am


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