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Madras High CourtA/15/2016allowed

Dr. Akhila Bhat v. Dr.Vivek Mady And 2 Others

2016-08-31Honourable Mr Justice M.M.Sundresh2 pages

A.No.15 of 2016 in C.S.No.575 of 2011 M.M.SUNDRESH, J.

Seeking a direction to issue summons to the Branch Manager, Indian Overseas Bank, Poonamallee High Road, Chennai - 10, the present application has been filed.

2.When the matter is taken up for hearing, learned counsel for the respondents submits that the case is at the trial stage and thus even though there is no objection, the applicant will have to be examined before examining the person against whom the summons is sought to be issued.

3.Learned counsel for the applicant submits that the applicant is not willing to examine herself at all and therefore, this application may be allowed for the purpose of examining the Branch Manager, Indian Overseas Bank, Chennai - 10.

4.The statement made at the bar by the learned counsel of the applicant is recorded.

M.M.SUNDRESH, J.

mmi 5.Therefore, the applicant will not be examined as a witness by the learned Master in view of the aforesaid submission and the application stands allowed.

6.After service of summons, the Branch Manager, Indian Overseas Bank, Poonamallee High Road, Chennai - 10, is directed to appear before the learned Master on 21.09.2016. 31.08.2016 mmi A.No.15 of 2016 in C.S.No.575 of 2011