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Madras High CourtA/203/2026allowed

Indian Overseas Bank And 2 Ohers v. Dr.Kamakshi Memorial Hospital P Ltd And 7others

2026-01-23Honourable Dr.Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HONOURABLE DR.JUSTICE R.N.MANJULA in C.S.No.35 of 2013

1. Indian Overseas Bank And 2 Ohers R.K.Salai Branch, Rep.by its Chief Manager, No.32, R.K.Salai, Mylapore, Chennai 600 004.

2.Indian Overseas Bank Spencer Plaza Branch, Rep.By Chief Manager, G-135h, 3rd Phase, Spencer Plaza, No.769, Anna Salai, Ch-2 3.Indian Overseas Bank Aminjikarai Branch, Rep.By Chief Manager, No.409, Poonamallee High Rd., Aminjikarai, Ch-29 Applicant(s) Vs

1. Dr.Kamakshi Memorial Hospital P Ltd And 7others Aminjikarai Branch, Rep.By Chief Manager, No.409, Poonamallee High Rd., Aminjikarai, Ch-29 2.Dr.T.G.Govindarajan No.1, Radial Rd., Palliakarani, Ch-100 3.Dr.T.G.Sivaranjani No.6, Shandy Rd., C.Pallavaram, Ch-43 4.Dr.T.G.Bhariravi No.6/17, 3rd Cross St. Kasthuribai

Nagar, Adyar, Ch-20 5.S.Ganapathy Flat No.14, Gyan Apts., No.38, Venkatraman St. T.Nagar, Ch-17 6.S.Venkatramani No.1540, Oakwood Trail, Xenia, Ohio 45385, Usa, And Rep.By His Power Agent M.Swaminathan, Residing At Alavandhipuram Agraharam, Swamimala Post 612 302, Thanjavur District.

7.Dslv Ventures Llc No.523, Green Tree Place, Fairborn, Ohio-45324 8.G.Nandhini D/o. Ganapathy, Residing at Flat No.14, Gyan Apartments, 38, Venkataraman Street, T.Nagar, Chennai - 600 017.

Respondent(s) PRAYER: Application is filed to set aside the ex-parte order dated 12/06/2019 passed against the Applicants/Defendants 5 to 7 in C.S.No.35 of 2013. For Applicant(s):

M/s.V.Rajeswari For Respondent:

Mr.K.K.Sivashanmugham for D5 to D7

ORDER

This application is filed to set aside the ex-parte order dated 12.06.2019 passed against the applicants / defendants 5 to 7 in the above suit.

2. The delay occurred in filing the application to set aside the ex parte order against the applicants / D5 to D7 has already been allowed. The suit is still

pending and the trial has not been opened. Only if the ex parte order is set aside and the applicants / defendants 5 to 7 are allowed to file written statement, they may be able to participate in the trial. In fact the applicants have filed this application to set aside the ex parte order along with the written statement. The applicants have already paid cost to the respondents in compliance of the conditional order passed in the application to condone the delay in filing the application to set aside the ex parte order. Considering these aspects, I feel this application can be allowed.

3. Accordingly, this application is allowed.

23-01-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes bkn

R.N.MANJULA J.

bkn In CS No.35 of 2013 23-01-2026