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State of Gujarat - Section

Section 21 in The Bombay Money Lenders Act, 1946

21. Procedure of Court in suit regarding loans.

- Notwithstanding anything contained in any law for the time being in force, in any suit to which this Act applies-
(a)a Court shall, before deciding the claim on merits, frame and decide the issue whether the money-lender has complied with the provisions of sections 18 and 19;
(b)if the Court finds that the provisions of section 18 or section 19 have not been complied with by the money-lender, it may, if the plaintiffs claim is established, in whole or in part, disallow the whole or any portion of the interest found due, as may seem reasonable to it in the circumstances of the case and may disallow costs.
Explanation. - A money-lender who has given the receipt or furnished a statement of accounts [or a pass book] [These words were inserted by Bombay 13 of 1951, section 9.] in the prescribed form and manner, shall be held to have complied with the provisions of section 18 or section 19, as the case may be, in spite of any errors and omissions, if the Court finds that such errors and omissions are not material or not made fraudulently.