2006 (12) TMI 241 - HC - Companies Law

Summary

Issues:
Violation of RBI Directions and Company's Financial Position

Analysis:
The High Court of Patna heard a petition filed by the Reserve Bank of India (RBI) seeking the winding up of a loan company for violating the Residuary Non-Banking Companies (Reserve Bank) Directions, 1987. The company was found to have accepted deposits exceeding its investments in approved Government securities, contravening RBI guidelines. Despite receiving notices and show-cause orders, the company failed to comply with the directives. The RBI inspected the company's financial position and found discrepancies, including negative net owned funds, insufficient assets to cover liabilities, and investments in group companies. The company's failure to address these issues led to the rejection of its application for registration as a non-banking financial institution under the RBI Act.

The company, in its defense, argued that the RBI's actions were contrary to statutory provisions and that its net owned fund was positive as per its calculations. However, the RBI contended that the company's calculations were incorrect and highlighted instances of bounced cheques, indicating a financial crisis. The court, after considering the submissions and evidence, concluded that the company was indeed in a dire financial situation, unable to meet its obligations. In the interest of the public and based on the RBI's findings, the court ordered the winding up of the company under relevant provisions of the RBI Act and the Companies Act, 1956. The official liquidator was appointed to oversee the liquidation process and take necessary actions as per the law.