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2019 Supreme(AP) 212

M.SEETHARAMA MURTI, J.UMA DEVI
Kolla Sambaiah – Appellant
Versus
State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Dyumani
For the Respondents: S. Satyanarayana Murthy

ORDER :

M. Seetharama Murti, J.

1. This writ petition is filed, under Article 226 of the Constitution of India, by the petitioner assailing the order, dated 13.3.2018, of the Debt Recovery Tribunal, Visakhapatnam, passed in I.A. No. 1673 of 2017 in O.A. No. 427 of 2015.

2. We have heard the submissions of the learned counsel for the petitioner and of learned Standing Counsel for the bank appearing for the 1st respondent. We have perused the material record including the impugned order.

3. The parties in this writ petition shall herein after be referred to as arraigned in this writ petition.

4. To begin with, it is to be noted that the bank instituted the OA before the Tribunal for recovery of the debt due to it from the petitioner herein and the guarantor. The said OA is being resisted by the petitioner by filing a written statement. It appears that both parties filed the affidavits of the witnesses in proof of the respective cases, as required under the Debt Recovery Tribunal Rules. Later, the petitioner filed the subject application before the Tribunal seeking permission to cross-examine the deponent/s of the affidavit/s filed on behalf of the bank in proof of its claim in the OA. The

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