The factual backdrop of the case relevant for determination of the ques tion may be stated thus The Central Bank of India, respondent herein, filed the suit for realisa tion of certain amount from the Associated Timber Industries, Chabua and others, appellants herein, being the amount due to the Bank towards sums advanced to the defendants.
2000 Supp 2 SCR 310 The Judgment of the Court was delivered by D.P. MOHAPATRA, J. Leave granted.
The Additional District Judge, Dibrugarh, framed an issue whether the suit is maintainable?
By the order dated 26th June, 1989 the learned trial judge dismissed the suit as number maintainable.
The defendants raised an objection against maintainability of the suit on the ground of number compliance with the provisions of the Assam Act, particularly Section 7 D. To be more specific me objection was that the Bank being a money lender has number been registered under the Assam Act in the absence of a registration certificate, the suit is number maintain able and, therefore, cannot be proceeded with.
The said issue was laken up as a preliminary issue.
The plaintiff challenged the Judgment of the trial companyrt before the High Court in First .Appeal No.
78 of 1989, wherein a Division Bench by the judgment dated 29th July, 1998 set aside the judgment of the trial companyrt and directed disposal of the suit on merits in accordance with law.
The question that arises for determination in this case is whether the Central Bank of India is a money lender under the Assam Money Lenders Act, 1934 Assam Act IV of 1934 hereinafter referred to as the Assam Act and, therefore, is required to take a licence under the said Act to carry on its activities?
The question having been answered in the negative by a Division Bench of the Gauhati High Court, the defendants have tiled this appeal assail ing the judgment.
