LAWS(ORI)-1978-10-13

DIBAKAR PRADHAN Vs. SK. MISKINI

Decided On October 23, 1978
Dibakar Pradhan Appellant
V/S
Sk. Miskini Respondents

JUDGEMENT

(1.) THIS is a Plaintiff's application directed against the order of the learned Munsif of Balasore holding that a money claim laid by the Plaintiff was not maintainable in view of the provisions of Section 18 -B(2) read with Sub -section (8) of the Orissa Money -Lenders Act (hereinafter referred to as the 'Act').

(2.) PLAINTIFF filed a suit on 8 -4 -1977 for recovery of a sum of Rs. 1432/ -. from the Defendant on the allegation that he had borrowed a sum of Rs. 1,200/ -. on 10 -1 -1974 upon executing a promissory note stipulating to pay interest at the rate of 12 per cent per annum. Plaintiff further pledged that he was a registered money -lender and had obtained a certificate for a maximum capital of Rs. 10,000/ -. On 23 -6 -1977, the trial Court passed the following order:

(3.) WITH the making of the notification under Sub -section (1) of Section 18 -B, the liability of the money -lenders to produce before the authority constituted under the notification all records relating to their business including documents, evidencing advance of loans arises. The specified authority is required to scrutinize the documents with a view to determining if the transactions exceed the amount for which the money -lender has obtained the certificate and after the scrutiny is over, and the money -lender is given an opportunity of being heard, to declare the particulars of transactions that are within the amount specified in the certificate and it is this declaration which has to be published in the notice board of the authority passing the order and copies thereof are required to be sent to the Block Development Officer and the Tahsildar within whose local limits, the money -lender's principal place of business is situated. Under Sub -section (5), the order under Sub -section (2) is required to be communicated to the money -lender forthwith. Right of appeal has been conferred under Sub -section (6) and Sub -section (8) provides: