Saraswathy Sadasivan v. The Branch Manager

A.No.1506 of 2024 in C.S.No.416 of 2020 N.Sathish Kumar, J.

This application has been filed to issue summons to the witness to furnish the documents particularly bank statements, the same is opposed mainly on the ground that three similar applications have already been filed and these applications are another attempt only to protract the proceedings.

2.Although it is not disputed that similar applications were filed earlier, it is noted this Court, while disposing that Application No.393 of 2023, by an order dated 13.03.2023, had observed as follows:- "If the parties desire, then make necessary application to summon the witnesses and documents, the third parties in the manner known to law."

3. After all, the documents sought to be produced are bank statements. Normally, certified copies of the bank statements are given by the bank. However, in order to avoid delay, this Court is of the view that if the bank officials produce the statements before this Court, it

would meet the twin conditions, as they would be qualified as a certified copies and this would also avoid unnecessary delay. 4.In such view of the matter, issuance of a Subpoena for production of the statement sought in the application and give evidence on 15.04.2024 finally. It is made clear that, considering the nature of the suit and number of adjournments already granted, evidence of P.W.1 shall be completed within a week similarly evidence on the side of the defendant shall be completed within the month of June.

5. Post before the learned Additional Master II on 15.04.2024 for recording evidence.

21.03.2024 vsn

N.Sathish Kumar, J.

vsn A.No.1506 of 2024 in C.S.No.416 of 2020 21.03.2024