Section 39(2) in The Bengal Money-Lenders Act, 1940
(2)The Court shall thereupon cause notice of the deposit to be served on the lender, and the lender may, on presenting a petition, verified as for a plaint and stating the sum them due in respect of the loan and his willingness to accept the money so deposited, receive the sum:Provided that in accepting any sum deposited under this section, a lender shall not be bound by any statement made by the borrower in depositing the same:Provided also that, if the Court is satisfied that the lender has, without reasonable excuse, refused to accept any sum sent to him by postal money order by the borrower in respect of the loan, it may direct the payment to the borrower, from the money so deposited or otherwise, of such sum as damages and costs as it thinks fit.
