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2009 Supreme(AP) 893

SAMUDRALA GOVINDARAJULU, A.GOPAL REDDY
Lakkavajjula S. S. S. Prasad – Appellant
Versus
Oriental Bank of Commerce rep. by its Branch Manager, Vijayawada – Respondent


Advocates appeared:
For the Petitioner:P.R. Prasad, Advocate. For the Respondent:R1 – B.S. Prasad, Advocate.

Order :

(A. Gopal Reddy, J.)

1. Since these three writ petitions, under Article 226 of the Constitution of India, raise a point of some significance in relation to the maintainability of O.A.Nos.43, 45 & 46 of 2004 respectively pending on the file of Debt Recovery Tribunal, Visakhapatnam against the petitioners, they are heard together and disposed of by this common order.

2. Lakkavajjula S.S.S. Prasad, Proprietor of M/s. Visual Trans and Neons, Vijayawada, and his wife Lakkavajjula Vijaya Lakshmi filed these three writ petitions in their individual capacity and on behalf of the firm.

3. The petitioner in W.P.No.14708 of 2009 was operating S.B. Account No.3388 at first respondent-Bank, Branch Office at Vijayawada and S.B Account No.1183 at Old City Branch, Hyderabad. He is also operating Account No.CC 94 in the name of M/s. Visual Trans and Neons, a proprietary concern, which is the petitioner in W.P.No.14750 of 2009. Whereas the petitioner in W.P.No.14709 of 2009 was allowed an overdraft facility bearing O.D. Account No.2002 with the first respondent-Bank.

4. While so, the first respondent Bank filed O.A.No.43 of 2004 before the Debt Recovery Tribunal, Visakhapatnam against the pe







































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