9911796707
TMI Blog2010 (12) TMI 1351X X X X Extracts X X X X X X X X Extracts X X X X ..... epeated 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 loan or the transaction, as propogated by the Respondent (Plaintiff) being without any license with Respondent for money lending, the suit vitiates, and not maintainable. 4. The learned Civil Judge, Senior Division, did not agree to the Appellant, rejected the above application Exh. 13 and hence the present Revision Application. 5. Mr. Patil, learned Counsel for the Petitioner, relied to the judgment of the Apex Court in the matter of 2003 (2) Mh.L.J. 529, Saleem Bhai and Ors. v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lenders Act. Learned Single Judge found, as a finding of fact that, the Plaintiff in the said proceedings was carrying on the business of money lending and that he was a money lender. 8. In the matter of Ramprasad Bhagirath Agrawal v. Uttamchand Danmal Pande 2009 (3) Bom.C.R. 865, dismissal of money decree in favour of the Plaintiff by the first Appellate Court was questioned in the second appeal before this Court. This Court evaluated the evidence and on formulation of substantial question of law found the assessment of evidence illustrated that Plaintiff had several monetary transactions and was dealing in money lending. The business activities and litigations projected that suit filed by him was for recovery of loan advanced in the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers Act. That apart, the plea that has been raised in Exh. 13 would also be revolving to the disputed questions of facts and also law. The isolated transaction of advance by cheque would have to be treated, to be not a regular business of money lending. It would not be treated to be opposed to public policy and void. The scheme of the Act provides an umbrella to the Respondent as he was not a regular un-licensed money lender. 13. The diminutive scope of interference in Revision also needs consideration. The findings recorded by the learned Judge, while rejecting Exh. 13, do not project illegality or couched with material irregularities. The Hon'ble Lordships of the Apex Court have indicated this position in (1972)3 SCC 195, Hindustan ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
