1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 2064/2010 Jayant V. Tolani Vs. Asstt. Registrar of Money Lenders. Nagpur City 1. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. G. L. Bajaj, Adv. for the petitioner. Mr. Tambale, Adv. for the Intervener. Mr. Thakre, AGP for the respondent. CORAM: B.P.DHARMADHIKARI, J. DATE : 2nd SEPTEMBER 2010. Heard Advocate Bajaj for the petitioner, Advocate Tambale for the intervenor and AGP Thakre for the respondent. Advocate Tambale for the intervener, claims to have filed complaint with the respondent. Under Bombay Money Lenders Act, 1959 the respondent has issued notice dated 18.2.2010 to the petitioner to remain present for recording his statement before it. Advocate Bajaj urged that the said notice is not supported by any provision of Bombay Money Lenders Act. He states that the respondent does not have any jurisdiction to record statement of the petitioner. He contends that such statement may offend the provisions of Article 20(2) of the Constitution of India. Learned A.G.P. and Advocate for the Intervener rely upon the provisions of Section 13 to urge that it enables respondent to call upon the petitioner to give his statement. 2 Perusal of Section 13 clearly shows that it confers power upon the respondent, which can be used by him when proceedings under Sections 7, 13-A and 12 are initiated. Here, there is no question of any proceedings under Section 7 or Section 12. Therefore, the respondent and intervener has to demonstrate that proceedings under Section 13-A are initiated and to facilitate that inquiry recourse has been taken to Section 13. No such plea or contention is raised before this Court. In such circumstances, impugned notice is unsustainable. It is quashed and set aside. The respondent is however, free to take appropriate decision on complaint as filed by intervener in accordance with law. Rule is made absolute in the aforesaid terms. No costs. JUDGE Ambulkar.