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of <h1>Supreme Court reinstates Trial Court decision favoring plaintiff in money lending case</h1> <h3>P. Vaikunta Shenoy And Co. Versus P. Hari Sharma</h3> The Supreme Court allowed the appeal, setting aside the High Court's judgment and reinstating the Trial Court's decision in favor of the plaintiff. The ... - Issues involved: Allegation of money lending without a license under Karnataka Money Lenders Act, 1961.The plaintiff alleged that he was a commission agent and had borrowed a specific amount from the defendant for securing regular supply of areca nuts. The plaintiff filed a suit for recovery of this amount with interest. The defendant, however, contended that the plaintiff was a money-lender without a required license under the Karnataka Money Lenders Act, 1961, making the suit not maintainable.The Trial Court initially decreed the suit in favor of the plaintiff, but the High Court set aside this decree, leading to the appeal before the Supreme Court.The key contention revolved around the interpretation of the term 'money-lender' as defined in Section 2(10) of the Karnataka Money Lenders Act. The appellant argued that he did not fall under this definition as his primary objective was not money lending but ensuring a steady supply of areca nuts. The respondent, on the other hand, asserted that based on the definitions provided in the Act, the appellant qualified as a money-lender.The Supreme Court emphasized the need for a purposive interpretation of legal provisions, considering the underlying objective of the legislation. Referring to precedents, the Court highlighted that statutory expressions should align with the legislative intent to achieve the desired purpose. In this context, the Court concluded that the appellant, by advancing loans to secure a regular supply of goods, did not engage in the business of money lending in the strict sense intended by the Act.Ultimately, the Supreme Court allowed the appeal, setting aside the High Court's judgment and reinstating the Trial Court's decision in favor of the plaintiff. No costs were awarded in this matter.
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