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[Cites 0, Cited by 1] [Section 11] [Entire Act]

State of Odisha - Subsection

Section 11(2) in The Orissa Money-lenders' Act, 1939

(2)Where a decree passed by a Court on the 1st April, 1936 or thereafter, on the basis of a loan, remains unsatisfied in whole or in part on the date on which this Act comes into force, the Court which passed the decree, or the Court or other authority to which a decree is sent for execution shall on the application of the judgement-debtor, exercise all or any of the powers specified in Sub-section (1).Note-Clauses (i) and (ii) of Section 11 (1) are in force in the partially excluded areas of the Province, in the existing style, vide Orissa Laws Validating Regulation, 1942 (Orissa Regulation of 1943), Section 2 and Second Schedule.But in the areas other than the partially excluded areas of the Province,, the clauses were in force as under :
(i)re-open the transaction, take an account between the parties and relieve the debtor of all liabilities in respect of any interest in excess of nine per centum simple per annum in the case of a secured loan and twelve per centum simple per annum in the case of an unsecured loan;
(ii)notwithstanding any agreement purporting to close previous dealings and to create a new obligation, re-open any account already taken between them and relieve the debtor of all liability in respect of any interest, in excess of nine per centum simple per annum in the case of a secured loan and twelve per centum simple per annum in the case of an unsecured loan.