GOVINDRAO ATMARAMJI WARJURKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The two petitioners filed the present petition on September 30, 1975, challenging the Ordinance No. VII of 1975 as void and ultra vires as well as unconstitutional and beyond the Legislative competence and the powers of the State Legislature. They sought ad interim writs regarding the enforcement of those provisions. Petitioners alleged that they are money-lenders by profession and carry on the business of money-lending and are independently registered under the Bombay Moneylenders Act. They held independent licences. This joint petition was entertained on 1-10-1975 and there being several such petitions, a common order was made as passed in Special Civil Application No. 1172 of 1975. It may be mentioned that both before this Bench as well as in Bombay, several petitions challenging the provisions of this Ordinance and thereafter the Debt Relief Act were filed. In several petitions more than one money-lenders were joined as petitioners. As the matter being urgent, one set of court-fee which was affixed to such petition was held sufficient and by way of concession it was directed that qua each additional petitioner, court-fee b payable on his independent petition should be got deposited in the office of this Court and question of the appropriation would be decided afterwards.

(2.) It may be mentioned that validity of the provisions of law which were in challenge had been eventually decided by the Bombay Bench and the matter has been taken up by leave before the Supreme Court.

(3.) This petition has been placed before us today for directing the appropriation of the deposit of court-fee so deposited.