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Madras High CourtA/6095/2024allowed

Dr.Kamakshi Memorial v. S.Ganapathy

2025-04-25Honourable Mr Justice C. Saravanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.04.2025 Coram:

The Honourable Mr.Justice C.SARAVANAN Application Nos.6095, 6096 & 6097 of 2024 in C.S.No.35 of 2013 1.Dr.Kamakshi Memorial Hospital P. Ltd., No.1, Radial Road, Pallikaranai, Chennai - 600 100.

2.Dr.T.G.Govindarajan 3.Dr.T.G.Sivaranjani 4.Dr.T.G.Bhairavi ...Applicants in all Applications

Versus

1.S.Ganapathy 2.S.Venkatramani G.Pushpalatha (Died) 3.DSLV Ventures LLC, 523, Green Tree Place, Fairborn, Ohio - 45324.

4.Indian Overseas Bank, R.K.Salai Branch, No.32, R.K.Salai, Mylapore, Chennai - 600 004.

5.Indian Overseas Bank, Spencer Plaza Branch, 1/6

Rep. by its Chief Manager, G-135H, 3rd Phase, Spencer Plaza, 769, Anna Salai, Chennai - 600 002.

6.Indian Overseas Bank, Aminjikarai Branch, Rep. by its Chief Manager, No.409, (Old No.248), Poonamallee High Road, Aminjikarai, Chennai - 600 029.

7.G.Nandhini

...Respondents in all Applications

Prayer in Application No.6095 of 2024 in C.S.No.35 of 2013: Application filed under Order 14 Rule 8 of O.S.Rules r/w. Order XVI Rule 1(2) r/w. Section 30(B) of C.P.C. praying to issue summons to the Inspector of Police, Central Crime Branch, Chennai Suburb to produce for marking in evidence the original of Plaint Document No.52 (viz., FIR registered in Crime No.01/2011 on the file of CCB, Chennai). Prayer in Application No.6096 of 2024 in C.S.No.35 of 2013: Application filed under Order 14 Rule 8 of O.S.Rules r/w. Order XVI Rule 1(2) r/w. Section 30(B) of C.P.C. praying to issue summons to the Office of the Commissioner of Police, Cyber Crime, Chennai Suburb, Chennai to produce for marking in evidence the originals of Plaint Document Nos.41 & 42 (viz., Police Complaint dated 24.01.2011 and Corrected Police Complaint dated 20.06.2011). Prayer in Application No.6097 of 2024 in C.S.No.35 of 2013: Application filed under Order 14 Rule 8 of O.S.Rules r/w. Order XVI Rule 1(2) r/w. Section 30(B) of C.P.C. praying to issue summons to the 2/6

Branch Manager, Kotak Mahindra Bank, Anna Salai Branch, Chennai to produce for marking in evidence the originals or a certified copy of Plaint Document No.45 (viz., the Bank Statement of the 1st Defendant (Mr.Ganapathy Swaminathan) pertaining to Account No.04620120011563 for the period 07.02.2006 to 09.02.2011.

For Applicants in all Applications :

Mr.Shabeer Ali for M/s.Sarvabhauman Associates For Respondents - 1 & 2 in all Applications :

Mr.K.Sukumar For Respondents - 3 to 6 in all Applications :

Ms.V.Rajeswari COMMON ORDER These Applications have been filed by the Applicants/Plaintiffs for the following reliefs:

(i) Application No.6095 of 2024 in C.S.No.35 of 2013 - To issue summons to the Inspector of Police, Central Crime Branch, Chennai Suburb to produce for marking in evidence the original of Plaint Document No.52 (viz., FIR registered in Crime No.01/2011 on the file of CCB, Chennai). (ii) Application No.6096 of 2024 in C.S.No.35 of 2013 - To issue summons to the Office of the Commissioner of Police, Cyber Crime, Chennai Suburb, Chennai to produce for marking in evidence the originals of Plaint Document Nos.41 & 42 (viz., Police Complaint dated 24.01.2011 and Corrected Police Complaint dated 20.06.2011). 3/6

(iii) Application No.6097 of 2024 in C.S.No.35 of 2013 - To issue summons to the Branch Manager, Kotak Mahindra Bank, Anna Salai Branch, Chennai to produce for marking in evidence the originals or a certified copy of Plaint Document No.45 (viz., the Bank Statement of the 1st Defendant (Mr.Ganapathy Swaminathan) pertaining to Account No.04620120011563 for the period 07.02.2006 to 09.02.2011.

2. The learned counsel for the Applicants/Plaintiffs submitted that the Applicants/Plaintiffs have filed these applications praying this Court to issue summons to the following three persons viz., (i) The Inspector of Police, Central Crime Branch, Chennai Suburb (ii) The Commissioner of Police, Cyber Crime, Chennai Suburb, Chennai and (iii) The Branch Manager, Kotak Mahindra Bank, Anna Salai Branch, Chennai for producing the originals of Plaint Documents that are in their custody and control.

3. The learned counsel for the Respondents 3 to 6/Defendants 4 to 7 submitted that the Respondents 3 to 6/Defendants 4 to 7 were set ex-parte by this Court vide order dated 12.06.2019 in C.S.No.35 of 2013, pursuant to which, the Respondents 3 to 6/Defendants 4 to 7 have filed necessary applications for setting aside the order dated 12.06.2019 in C.S.No.35 of 4/6

2013. However, those applications have not yet been numbered.

4. Since the prayer sought by the Applicants/Plaintiffs in these applications is only to facilitate the completion of trial in this case, I find no impediment in allowing these applications. Hence, these Applications are allowed and the Registry is directed to issue summons to the following persons for tendering evidence in this case:

(i) The Inspector of Police, Central Crime Branch, Chennai Suburb (ii) The Commissioner of Police, Cyber Crime, Chennai Suburb, Chennai and (iii) The Branch Manager, Kotak Mahindra Bank, Anna Salai Branch, Chennai.

and list C.S.No.35 of 2013 on 09.06.2025 for further orders. In the meanwhile, the Respondents 3 to 6/Defendants 4 to 7 may take steps to set aside the order dated 12.06.2019 in C.S.No.35 of 2013. 25.04.2025 mrr Index : Yes/No Speaking Order (or) Non Speaking Order C.SARAVANAN, J.

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mrr Application Nos.6095, 6096 & 6097 of 2024 in C.S.No.35 of 2013 25.04.2025 6/6