CourtMesh

Section 35: Re-opening of transactions.

The Maharashtra Money-Lending (Regulation) Act, 2014.State Act of Maharashtra · Act 8 of 2014

Notwithstanding anything contained in any law for the time being in force, the Court shall, in any suit to which this Act applies, between the money-lender and the debtor, whether heard ex-parte or otherwise,-

(a) re-open any transaction, or any account already taken between the parties ;

(b) take an account between the parties ;

(c) reduce the amount charged to the debtor in respect of any excessive interest ;

(d) if on taking accounts it is found that the money-lender has received more than what is due to him, pass a decree in favour of the debtor in respect of such amount :

Provided that, in the exercise of these powers, the Court shall not,-

(i) re-open any adjustment or agreement purporting to close previous dealings and to create new obligations which have been entered into by the parties or any person through whom they claim at a date more than six years from the date of the suit to which this Act applies ;

(ii) do anything which affects any decree of a Court.

Explanation.- For the purposes of this section, "excessive interest" means interest at a rate which contravenes any of the provisions of section 31.

Where this provision sits

ActThe Maharashtra Money-Lending (Regulation) Act, 2014.
Section35
Marginal noteRe-opening of transactions.
JurisdictionState of Maharashtra
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Maharashtra Money-Lending (Regulation) Act, 2014. is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.