ASHOK COMMERCIAL ENTERPRISES Vs. HUBTOWN LIMITED

JUDGEMENT

(1.) This application is filed by the defendant under Order VII Rule 11(d) of the Civil Procedure Code ('CPC') for the rejection of the plaint on the ground that the suit is barred in view of Sec. 13 of the Maharashtra Money Lending (Regulation) Act, 2014 ('the said Act'). The suit is filed for recovery of money against the defendant based on the dishonoured cheques issued by the defendant and promissory notes executed by the defendant.

(2.) The submissions made by learned senior counsel for the defendant are summarised as under:

(3.) Learned senior counsel for the plaintiff opposed the prayer for rejection of the plaint on the following submissions: