KAMEPALLI VENKAYAMMA Vs. INDUSIND BANK LTD

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, filed by the unsuccessful 1st respondent/plaintiff is directed against the order, dated 23.01.2019, of the learned IV Additional Senior Civil Judge, Guntur, passed in I.A.no.1080 of 2016 in O.S.no.18of 2016.

(2.) We have heard the submissions of Sri Sricharan Telaprolu, learned counsel appearing for the revision petitioner/plaintiff ('plaintiff', for brevity); of Sri N.Prasad Reddy, learned counsel appearing for the 1st respondent; and, of Sri Ch.Markondaiah, learned counsel appearing for the 2nd respondent. I have perused the material record.

(3.) To begin with, it is to be noted that the plaintiff instituted the suit against the Manager of the 1st defendant Bank and the Manager of the 2nd defendant-Finance Company for recovery of money. The 2nd defendant is resisting the suit by filing a written statement. The 1st defendant filed the subject interlocutory application, under Section 8 of the Arbitration & Conciliation Act, 1996 ('the Act', for brevity) read with Section 151 of the Code of Civil Procedure, 1908 ('the Code', for brevity) with the following prayer: