MUNDALIK JEWELLERS Vs. BHILAJI

JUDGEMENT

(1.) Heard, Civil Revision Application was admitted on 10th December, 2009.

(2.) The respondent filed Special Civil Suit No. 251/2008 for recovery of interest/damages stating that he has advanced sum by cheques to the appellant, with interest at the rate of 18 per cent per annum on the said amount. Respondent has received the principal amount, however, despite repeated demands, the appellant failed to pay interest-cum-damages to the amount due.

(3.) Appellant raised preliminary objection to the maintainability of suit by an application (Ex. 13) under section 10 of the Bombay Money Lenders Act, 1946. He asserts, hand Joan or the transaction, as propogated by the respondent (plaintiff) being without any license with respondent for money lending, the suit vitiates, and not maintainable.