JUDGMENT :

Agrawal, C.J. - This application has been referred to a Division Bench by a learned Single judge of this Court for an authoritative decision of the question as to whether the period during which the proceeding u/s 18-8 (inserted by the amending Act 54 of 1975) of the Orissa Money- Lenders Act, 1939 (for short, 'the Act'),was pending before the appropriate authority should be, excluded from the period of limitation for filing a suit for recovery of loan.

2. The petitioner is a registered money-lender under the Act. On 11-4-1975 he had granted a loan of Ks. 800/- to the opposite party under a handnote. On 12-1-1977 he filed an application before the Subdivisional Officer, Puri, for grant of a certificate u/s 18-B of the Act. According to the provisions of Section 18-B, the State Government may by a notification require the money-lenders carrying on business in any local area to produce before the prescribed authority all records relating to their business including documents evidencing advance of loans with a view to determine if the transactions exceeded the amount for which the money-lender had obtained the registration certificate and then to pass an order declaring the p