Procedure of Court - Maharashtra Money-Lending (Regulation) Ordinance, 2014

Notwithstanding anything contained in any law for the time being in force, in any suit to which this Ordinance applies, filed by a money-lender against a debtor,—

(a) a Court shall before deciding the claim on merits, frame and decide the issues whether the money-lender has complied with the provisions of sections 24 and 25 ;

(b) if the Court finds, that the provisions of section 24 or section 25 have not been complied with by the money-lender, it may, if the plaintiffs’ claim is established, in whole or in part, disallow the whole or any portion of the interest found due, as may seem reasonable to it in the circumstances of the case and may disallow cost

Explanation.—A money-lender who has given the receipt or furnished a statement of accounts or a pass book in the prescribed form and manner, shall be held to have complied with the provisions of section 24 or section 25, as the case may be, in spite of any errors and omissions, if the Court finds that such errors and omissions are not material or not made fraudulently.

Notwithstanding anything contained in the Code of Civil Procedure, 1908, the Court may at any time, on application of a judgment debtor, after notice to the decree holder, direct that the amount of any decree passed against him, whether before or after the date on which this Ordinance comes into force, in respect of a loan, shall be paid in such number of installments and subject to such conditions, and payable on such dates, as, having regard to the circumstances of the judgment debtor and the amount of the decree, it considers fit.

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