21. Contracts not to be void on account of offences but interest and costs not to be allowed in certain cases.
- [Where a pawnbroker is guilty of an offence under this Act, or where his licence is [cancelled or suspended] [Substituted for the words 'where a pawnbroker is guilty of an offence against this Act not being an offence against any provision of this Act relating to license', by section 14(1) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).] under any of the provisions of this Act any contract of pawn or other contract made by him, in relation to his business of pawnbroker, shall nevertheless.not be void by reason only of that offence [or [cancellation or suspension] [Inserted by section 14(ii) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).]] nor shall he by reason only of that offence, [or [cancellation or suspension] [These words were inserted by section 14(ii) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).]] lose his lien on or right to, the pledge, or to the loan and the interest and other charges, if any, payable in respect thereof [nor shall that offence or [cancellation or suspension] [These words were added by section 14(iii) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1961 (Tamil Nadu Act 31 of 1961).]] affect any obligation or liability incurred by the pawnbroker before that offence or [cancellation or suspension] [Substituted for the word 'cancellation' by section 5(b) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1983 (Tamil Nadu Act 47 of 1983).]:]Provided that if a pawnbroker fails to deliver to the pawner a pawn-ticket as required by [sub-section (1) of section 7] [This expression was substituted for the expression 'section 7' by section 13(1) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of 1994).] or fails to give to the pawner or his agent a receipt as required by clause (c) of sub-section (1) of section 10 or to furnish on a requisition made under clause (d) of that sub-section a statement of account as required therein within one month after such requisition has been made, the pawnbroker shall not be entitled to any interest for the period of his default:Provided further that if in any suit or proceeding relating to a loan, the Court finds that a pawnbroker has not maintained accounts as required by [clause (a), clause (aa)] [This expression was substituted for the expression 'clause (a)' by section 13(2) of the Tamil Nadu Pawnbrokers (Amendment) Act, 1993 (Tamil Nadu Act 1 of1994).] or clause (b) of sub-section (1) of section 10, he shall not be allowed his costs.
