Section 3
4 Notwithstanding anything contained in any other
3 4 Notwithstanding anything contained in any other
in force for the time being— 4 Notwithstanding anything contai
enactment in force for the time being—
(a) in any suit or proceeding relating to a loan the
court shall, before deciding the claim on the in any suit or proceeding relating to a loan the
court shall, before deciding the claim on the
decide the issue, whether court shall, before deciding
merits, frame and decide the issue, whether
the creditor has complied with the provisions merits, frame and decide the issue, whether
the creditor has complied with the provisions
lauses (a) and (b) of sub-section (1) of the creditor has complied with the provisio
of clauses (a) and (b) of sub-section (1) of section 3 ;
(b) if the court finds that the provisions of clause
of sub-section (1) of section 3 have not if the court finds that the provisions of clause
(a) of sub-section (1) of section 3 have not
with by the creditor, the court (a) of sub-section (1) of sec
been complied with by the creditor, the court
f the plaintiff's claim is established in been complied with by the creditor, the court
shall, if the plaintiff's claim is established in
whole or in part, disallow the whole or a porshall, if the plaintiff's claim is established in
whole or in part, disallow the whole or a por-
interest found due, as may seem whole or in part, disallow the whole
tion of the interest found due, as may seem
the court in the circumstances of tion of the interest found due, as may
reasonable to the court in the circumstances of
and shall disallow costs ; reasonable to the cou
the case and shall disallow costs ;
rovisi
the case and shall disallow
(c) if the court finds that the provisions of clause
of sub-section (1) of section 3 have not been if the court finds that the provisions of clause
(b) of sub-section (1) of section 3 have not been
ed with by the creditor, the court shal (b) of sub-section (1) of section 3 have not
complied with by the creditor, the court shal
the amount of interest dpe upon complied with by the creditor, the
in computing the amount of interest dpe upon
loan exclude every period for which the in computing the amount of interest dpe upo
the loan exclude every period for which the
creditor omitted duly to furnish the account &; the loan exclude every period for which the
creditor omitted duly to furnish the account &;
required by clause (b) of sub-section (1) © creditor omitted duly to furnish the a
required by clause (b) of sub-section (1) ©