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

State of Odisha - Subsection

Section 11(1) in The Orissa Money-lenders' Act, 1939

(1)In any suit whether brought by a money-lender or by any other person in respect of a loon advanced before the commencement of this Act, the Court shall exercise all or any of the following powers as may be applicable to it, namely :
(i)re-open the transaction, take an account between the parties 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 loon other than a loan of grain and twelve per centum simple per annum in the case of an unsecured loan other than a loan of grain and twenty-five per centum simple per annum in the case of a loan of grain;
(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 secured loan other than a loan of grain and 12 per centum simple per annum in the case of an unsecured loan other than a loan of grain and twenty-five per centum simple per annum in the case of a loan of grain;
(iii)appropriate excess interest referred to in Clauses (i) and (ii) realised through Court or otherwise towards the satisfaction of the loan;
(iv)set aside either wholly or in part or revise or alter any security given or agreement made in respect of any loan, and if the moneylender has parted with the security, order him to indemnify the debtor in such manner and to such extent as it may deem just :
Provided that nothing contained in this sub-section shall be deemed to require the creditor to refund any sum which has been paid to him.