JUDGMENT

1. The Appeal, under Sec. 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellant/Plaintiff challenging the Decree and Judgment, dtd. 31/3/2003, in O.S. No. 30 of 2000 passed by the learned Senior Civil Judge, Kandukur [for short 'the trial Court']. The Respondents herein are the Defendants in the said Suit.

2. The Appellant/Plaintiff filed the Suit praying for passing of preliminary decree directing the Defendants to deposit the suit amount of Rs.2, 51, 663.00 with future interest.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.30 of 2000, are as under: (i) The Plaintiff is the State Bank of India, constituted under the Central Act 23/1955, dtd. 8/5/1955, having its registered Branch Office at Kandukur Town of Prakasam District. The 1st Defendant is proprietorship Company, which is represented by 2nd Defendant -

Proprietor.

(ii) The 2nd Defendant approached the Appellant Bank for financial aid to run the iron safes and iron furniture business under the scheme of Small Business Finance under the name and style of 1st Defendant Company at Kandukur