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Madras High CourtA/393/2023closed

Saraswathy Sadasivan v. G.Viswanathan And 7 Others

2023-03-13Honourable Mr Justice K.Kumaresh Babu2 pages

A.No.393 of 2023 A.No.393 of 2023 in C.S.No.416 of 2020 K.KUMARESH BABU, J.

This application is filed by the applicant to issue summons to the eighth respondent to produce the statement from inception till date for the bank account enumerated in Annexure A hereto.

2. When the matter was taken up for hearing on 27.02.2023 Mr.M.L.Ganesh, who had appeared for the eighth respondent had produced the statement of accounts for the period from 01.02.2020 to 31.03.2021 in respect of Account No.00000030710192339. He had also submitted that the statement of accounts for any period would be produced proper request made.

3. Learned counsel for the applicant / plaintiff would submit that he had also made a request to the Bank to produce further accounts. In view of the same, no further orders are required to be made in this application. 1/2 https://www.mhc.tn.gov.in/judis

A.No.393 of 2023 K.KUMARESH BABU, J.

rna Further in the order dated 21.09.2022 in A.No.2142 of 2022 this Court in clear terms had held that if the documents in possession of and the other is not produced or partially produced, an adverse inference would be drawn against them. Since the matter has been posted before the Master for recording of evidences, if the parties desire, then may take necessary afflictions for summoning the witness and documents of the third parties in the manner known to law.

4. This application is closed.

13.03.2023 (3/3) rna A.No.393 of 2023 in C.S.No.416 of 2020 2/2 https://www.mhc.tn.gov.in/judis