- 1 - HC-KAR NC: 2025:KHC:30713 C.A. NO.93 OF 2025 A/W C.A. NO.66 OF 2025 IN C.A. NO.863 OF 2002 IN C.O.P. NO.3 OF 1994 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH COMPANY APPLICATION NO. 93 OF 2025 A/W COMPANY APPLICATION NO.66 OF 2025 IN COMPANY APPLICATION NO.863 OF 2002 IN COMPANY PETITION NO.03 OF 1994 BETWEEN: MR. R.B. KAMATH S/O LATE B.S. KAMATH, AGED ABOUT 63 YEARS, R/AT NO.1206, PLANET SKS, KADRI HILLS, MANGALURU - 575 008. … COMMON APPLICANT (BY SRI. A.S. VISHWAJITH, ADVOCATE) AND: OFFICIAL LIQUIDATOR OF M/S. KAMATH PACKAGING LIMITED (IN LIQUIDATION), ATTACHED TO HIGH COURT OF KARNATKA, CORPORATE BHAWAN, NO.26-27, 12TH FLOOR, RAHEJA TOWER, M.G. ROAD, BENGALURU - 560 001. …COMMON RESPONDENT (BY SRI. JAGADEESHGOUD PATIL, ADVOCATE FOR OFFICIAL LIQUIDATOR) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30713 C.A. NO.93 OF 2025 A/W C.A. NO.66 OF 2025 IN C.A. NO.863 OF 2002 IN C.O.P. NO.3 OF 1994 IN C.A. NO.93 OF 2025 THIS APPLICATION IS FILED UNDER SECTION 5 OF THE LIMITATION ACT, 1963 AND RULES 6 AND 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO CONDONE THE DELAY OF 515 DAYS IN FILING THE APPLICATION TO RECALL OF THE ORDER DATED 10TH JANUARY, 2024. IN CA NO.66 OF 2025 THIS APPLICATION IS FILED UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AND RULE 9 OF THE COMPANIES (COURT) RULES, 1959, PRAYING TO RECALL THE ORDER DATED 10TH JANUARY, 2024 PASSED IN C.A. NO.863 OF 2002 IN C.O.P. NO.3 OF 1994 ANNEXED AS ANNEXURE-A, BY WHICH THE APPLICANT (BEING RESPONDENT NO.1 IN C.A. NO.863 OF 2002) WAS PLACED EX-ARTE. THESE APPLICATIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Applications C.A. No.93 of 2025 is filed for condonation of delay of 515 days in filing the application to recall the order dated 10th January, 2024; and C.A. No.66 of 2025 is filed for recalling the order dated 10th January, 2024 passed in C.A. No.863 of 2002 in C.O.P. No.3 of 1994, wherein the respondent No.1/applicant has been placed ex-parte. 2. Accepting the reasons stated in the affidavit accompanying applications, delay of 515 days in filing the - 3 - HC-KAR NC: 2025:KHC:30713 C.A. NO.93 OF 2025 A/W C.A. NO.66 OF 2025 IN C.A. NO.863 OF 2002 IN C.O.P. NO.3 OF 1994 application for recalling the order dated 10th January, 2024 passed in C.A. No.863 of 2022 is condoned; and order dated 10th January, 2024 passed in C.A. No.863 of 2002 is recalled and respondent No.1/applicant is permitted to adduce evidence, if any, in the matter within four weeks from today. 3. Accordingly, C.A. Nos.93 of 2025 and 66 of 2025 are allowed. Sd/- (E.S. INDIRESH) JUDGE ARK