8. Provision for debts incurred before 14th day of July 1978.
- Debts incurred before the 14th day of July 1978 shall be scaled down in the manner mentioned hereunder, namely:-(1)Where any debtor has paid to any creditor one and a half times the amount of the principal, whether by way of principal or interest or both, such debt including the principal, shall be deemed to be wholly discharged.(2)Where the sums repaid byway of principal or interest or both fall short of one and a half times the amount of the principal, only so much of the amount as would make up such shortage, shall be repayable.(3)Subject to the provisions of sections 20 to 23, nothing contained in clauses (1) and (2) shall be deemed to require the creditor to refund any sum which has been paid to him or to increase the liability of a debtor to pay any sum in excess of the amount which would have been payable by him if this Act had not been passed.Explanation I. - Where the principal was borrowed in cash with an agreement to repay it in kind, the debtor shall, notwithstanding such agreement, be entitled to repay the debt in cash after deducting the value of all payments made by him in kind, at the rate, if any, stipulated in such agreement, or if there is no such stipulation, at the market rate prevailing at the time of each payment.Explanation II. - Where a debt has been renewed or included in a fresh document executed before, on or after the 14th day of July 1978, whether by the same debtor or by his heirs, legal representatives or assigns or by any other person acting on his behalf or in his interest and whether in favour of the same creditor or of any other person acting on his behalf or in his interest, the principal originally advanced together with such sums, if any, as have been subsequently advanced as principal shall alone be treated as the principal sum repayable under this section.Explanation III. - Where a debt has been split up, whether before, on or after the 14th day of July 1978, among the heirs, legal representatives or assigns of a debtor, or of a creditor and fresh documents have been executed in respect of the different portions of such debt, the provisions of this section shall continue to apply in respect of each of the different portions.
