- 1 - NC: 2025:KHC:2849 CA No.410 of 2024 A/W CA No.411 of 2024 In CA No.607/2008 In COP No.166/2001 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO.410 OF 2024 A/W COMPANY APPLICATION NO.411 OF 2024 IN COMPANY APPLICATION NO.607/2008 IN COMPANY PETITION NO.166/2001 BETWEEN: DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING CENTRAL PROJECT IMPLEMENTATION UNIT (ACCOUNTS) SHARAM SHAKTI BHAVAN NEW DELHI- 110 001 …APPLICANT COMMON (BY SRI.K.S.MAHADEVAN, OFFICIAL LIQUIDATOR) AND: THE MYSORE KIRLOSKAR LIMITED (IN LIQUIDATION) REPRESENTED BY OFFICIAL LIQUIDATOR ATTACHED TO HIGH COURT OF KARNATAKA RAHEJA TOWERS, 12TH FLOOR, M.G.ROAD BENGALURU -560 001 …RESPONDENT COMMON (BY SRI.M.N.KUMAR, CGC) IN C.A.NO.410/2024, THIS APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANY (COURT RULES), 1959 READ WITH Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2849 CA No.410 of 2024 A/W CA No.411 of 2024 In CA No.607/2008 In COP No.166/2001 SECTION 5 OF THE LIMITATION ACT, 1963, PRAYING TO CONDONE OF DEALY OF 217 DAYS IN FILING THE APPLICATION PRAYING TO RECALLING THE ORDER DATED 24/04/2024 TAKING CROSS EXAMIBNATION OF PW-1 AS NIL CA NO.607/2008, IN INTEREST OF JUSTICE. IN C.A.NO.411/2024, THIS APPLICATION IS FILED UNDER RULES 6 AND 9 OF THE COMPANY (COURT RULES), 1959, PRAYING TO RECALL THE ORDER DATED: 24.04.2024 TAKING CROSS EXAMINATION OF PW-1 AS NIL BY REOPENING THE STAGE OF THE CASE FOR CROSS EXAMINATION OF PW-1 IN C.A.NO.607/2008 IN INTEREST OF JUSTICE. THESE APPLICATIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMMON ORDER IN C.A.NO.410/2024 A/W C.A.NO.411/2024 C.A.No.410/2024 is filed to condone the delay of 217 days in filing the application for recalling the order dated 24.04.2024 taking cross-examination of PW-1 as nil in C.A.No.607/2008. C.A.No.411/2024 is filed to recall the order dated 24.04.2024 taking cross-examination of PW-1 as nil by reopening the stage of the case for cross-examination of PW-1 in C.A.No.607/2008. 2. In the accompanying affidavits, it is stated that the counsel appearing for the respondent in C.A.No.607/2008 had filed a memorandum of appearance on 07.06.2018 and - 3 - NC: 2025:KHC:2849 CA No.410 of 2024 A/W CA No.411 of 2024 In CA No.607/2008 In COP No.166/2001 C.A.No.607/2008 was posted on 23.11.2021 for cross- examination of PW-1 and PW-1 was absent. On 13.03.2021 PW-1 was present, he was absent on 23.05.2023, 02.08.2023, 10.01.2024, 12.02.2024, 12.03.2024 and on 23.04.2024 and 24.04.2024, PW-1 was present. Further, C.A.No.607/2008 was connected with C.A.No.187/2009 and C.A.No.302/2008. On 23.04.2024, the application was adjourned to 24.04.2024. On 13.03.2021 and 24.04.2024, the counsel for the respondent was held up in a matter in the Court Hall and by the time he reached the chambers for attending the case, it was called out and marked absent. It is stated that the absence on the said dates was for bonafide reasons and it was not intentional. 3. Learned counsel appearing for the applicant submits that he is ready to cross-examine PW-1 and any date may be fixed. It is also submitted that as his office is in Delhi, there is delay in filing the application. 4. Learned counsel appearing for the respondent submits that intentionally the applicant has not cross-examined and the - 4 - NC: 2025:KHC:2849 CA No.410 of 2024 A/W CA No.411 of 2024 In CA No.607/2008 In COP No.166/2001 Court had rightly passed an order by treating the cross- examination as nil. 5. Considering the reasons stated in the accompanying affidavits, the arguments advanced by both the parties and in the interest of justice, the delay of 217 days in filing the application for recalling the order dated 24.04.2024 is condoned and consequentially, the order dated 24.04.2024 is set aside on the condition that cross-examination of PW-1 shall be completed on 04.02.2025. 6. Accordingly, CA.No.410/2024 and C.A.No.411/2024 are allowed. SD/- (LALITHA KANNEGANTI) JUDGE MEG List No.:1 Sl No.:2