LAWS(APH)-2006-3-35

POLEPAKA JOHN NOEL Vs. ANDHRA BANK WARANGAL DIST

Decided On March 31, 2006
POLEPAKA JOHN NOEL Appellant
V/S
ANDHRA BANK, WARANGAL DISTRICT Respondents

JUDGEMENT

(1.) This Court ordered notice before admission on 10-3-2006 and the Counsel was permitted to take out personal notice to the respondent and file proof of service. Though the respondent was served, none represents on his behalf. The interim stay was no doubt granted for a period of four weeks. Thus, the matter is coming up for admission today.

(2.) Sri O.Manohar Reddy, learned Counsel representing the revision petitioners had pointed out that marking of documents- Exs.A6 and A7 is contrary to law. The learned Counsel also would maintain that the document-Ex.A7 is a compulsorily registerable document under Section 17 of the Indian Registration Act, The learned Counsel also had taken this Court through the findings which had been recorded by the learned Judge and further placed strong reliance on a decision of the Division Bench of this Court in K. Bhavanarayana v. S. Venkataratnam, AIR 1971 AP 359 and also yet another decision in Thota Venkata Narasamma v. S.V.M. Srinivasan, 1996 (3) ALD 887.

(3.) In fact even on 10-3-2006 submissions at length were made to the effect that there appears to be some conflict of opinions between the views expected by the two Division Benches in the judgment cited K. Bhavanarayana v. S. Venkataratnam, (supra) and in Durga Emporium, Vijayawada v. Munaga Brothers, 2002 (5) ALD 135 (DB). In the light of the same, this Court had ordered notice before admission and thus the matter is coming up for admission today after service of notice on the respondent-Andhra Bank, a Government of India Undertaking, represented by the Manager, Nakkalagutta Branch, Hanamkonda, Warangal District.