- 1 - HC-KAR NC: 2025:KHC:32699 CA No. 215 of 2025 IN CA NO.405 of 2024 IN COP NO.214 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH COMPANY APPLICATION NO.215 OF 2025 IN COMPANY APPLICATION NO.405 OF 2024 IN COMPANY PETITION NO.214 OF 2012 BETWEEN: 1. OFFICIAL LIQUIDATOR OF KINGHFISHER AIRLINES LIMITED (IN LIQUIDATION) ATTACHED TO HIGH COURT OF KARNATAKA, "CORPORATE BHAVAN", NO.26-27, 12TH FLOOR, RAHEJA TOWERS, M.G. ROAD BENGALURU -560001. …APPLICANT (BY SRI. JAGADEESHGOUD PATIL, ADVOCATE FOR OFFICIAL LIQUIDATOR) AND: 1. M/S. ASHOK LEYLAND LIMITED NO.1, SARDAR PATEL ROAD GUINDY CHENNAI-600 032. REPRESENTED BY ITS MANAGING DIRECTOR, MR. SHENU AGARWAL. …RESPONDENT (BY SRI. R. GOPALAKRISHNA, ADVOCATE FOR APPLICANT/RESPONDENT) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32699 CA No. 215 of 2025 IN CA NO.405 of 2024 IN COP NO.214 of 2012 THIS APPLICATION IS FILED UNDER SECTION 446(2)(b) OF THE COMPANIES ACT, 1956 READ WITH RULE 9 OF THE COMPANIES (COURT) RULES, 1959 TO DIRECT THE RESPONDENT COMPANY TO PAY A SUM OF RS.7,63,051/- ALONG WITH 18% INTEREST FROM 18.11.2016 TO 13.11.2024, TOTAL AMOUNTING TO RS.18,60,716/- AND FUTURE INTEREST FROM 14.11.2024 TILL THE DATE OF PAYMENT. THIS APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the applicant in Company Application No. 215 of 2025 and the learned Official Liquidator. 2. The present application has been filed seeking recall of the order dated 03.07.2025 passed by this Court, whereby the applicant was placed ex- parte. - 3 - HC-KAR NC: 2025:KHC:32699 CA No. 215 of 2025 IN CA NO.405 of 2024 IN COP NO.214 of 2012 3. It is forthcoming from the records that the chief-examination by the learned Official Liquidator was conducted on 09.07.2025 and further as there was no representation on behalf of the respondent on that date, the cross-examination was recorded as ‘nil’. 4. In view of the above and considering the reasons assigned by the applicant in the affidavit filed in support of the application in CA No.215 of 2025, the order dated 03.07.2025 is recalled insofar as placing the applicant ex-parte is concerned. 5. As the matter has been referred to the Central Project Coordinator for recording of evidence, it is open to the applicant to appear before the Central Project Coordinator and cross-examine PW1 on the next date of hearing. - 4 - HC-KAR NC: 2025:KHC:32699 CA No. 215 of 2025 IN CA NO.405 of 2024 IN COP NO.214 of 2012 6. List this matter on 08.09.2025. It is made clear that, respondent No. 1 shall cross-examine PW1 and complete the same within 30 days from today. Accordingly, CA No.215 of 2025 in CA No.405 of 2024 in COP No.214 of 2012 is hereby allowed. Sd/- (E.S.INDIRESH) JUDGE SB