Extracted from the PDF above. The PDF is authoritative.
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66. CRA 95.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION
NO.95 OF 2025
Aditya Ajay Jaware Vs. Shirkrushn Rambhau Bawaskar Office Notes, Office Memoranda of
Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. U. V. Chakravarty, Advocate for applicant. Mr. M. S. Sharma, Advocate for respondent
CORAM : ROHIT W. JOSHI, J.
DATE : 14.11.2025. . The present Revision Application takes exception to the order dated 18.02.2025, by virtue of which application for rejection of plaint filed by the present petitioner in Regular Civil Suit No.7 of 2017, pending on the file of the learned Joint Civil Judge, Junior Division, Khamgaon is rejected. The said suit is a suit for recovery of money.
2. It is the contention of the plaintiff that he had advanced a sum of Rs.1,30,000/- to the defendant, who is his friend. Apart from this amount of Rs.2,500/- is
claimed
towards
notice
charges.
The defendant/petitioner had filed application for rejection of plaint on several grounds before the learned Trial Court, which came to be rejected vide order dated
18.02.2025.
3. The learned Advocate for the applicant/ defendant states that the suit is barred in view of Section 13 of the Maharashtra Money Lending (Regulation) Act,
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66. CRA 95.25.odt
2014. This is the only ground which is traced into service in the present revision application.
4. Perusal of the plaint will indicate that the plaintiff had advanced an amount of Rs.1,30,000/- to the defendant in view of their personal relations. The plaint averments do not indicate that the plaintiff is engaged in any systemic activity of money lending, which can be termed to the business of money lending in order to attract the provisions of the Maharashtra Money Lending (Regulation) Act, 2014.
5. The contention raised by the applicant, at best, can be his defense in the suit. However, such a defense cannot be looked into while dealing with an application under Order VII, Rule 11 of the Code of Civil Procedure,
1908. Civil Revision Application is, therefore, rejected.
(ROHIT W. JOSHI, J.) Tanmay...