- (1.) The appeal is preferred from an order passed by the Hon'ble First Court dated 15th October, 2004 whereby Court after interpreting the section 8 and 13 of the Bengal Money-Lenders Act, 1940 directed the plaintiff/the respondent herein to pay the statutory penalty under sub-section (3) of section 13 of the said Act and further directed that the certificate of all payments of statutory penalty should be paid by the respondent within three months and thereafter the respondent/plaintiff may proceed with the suit, failing which the suit will stand dismissed.
(2.) The only question arose before us that whether the Court can direct the said order when a money-lender without having a licence under Bengal Money- Lenders Act, 1940 lent and advanced money to a person.
(3.) We have heard the learned Advocates for the parties at length.;