- 1 - HC-KAR NC: 2026:KHC:12189 CA No. 55 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20THDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 55 OF 2024 IN COMPANY APPLICATION NO.45 OF 2010 IN COMPANY PETITION NO.66 OF 1997 BETWEEN: SRI. G. PRAKASH AGED 74 YEARS, S/O LATE S.N. GANGADHARAPPA, R/AT NO.211, BHYRAWA NIVAS, 12THB MAIN, 6THBLOCK,RAJAJINAGAR BENGALURU-560010. …APPELLANT (BY SRI. T.P. VIVEKANANDA.,ADVOCATE) AND: THE OFFICIAL LIQUIDATOR OF: M/S. GANGAVATHI SUGAR MILLS LIMITED, (IN LIQUIDATION) ATTACHED TO HIGH COURT OF KARNATAKA, ‘CORPORATE BHAVAN’, NO.26-27,RAHEJA TOWERS, 12THFLOOR, M.G ROAD BENGALURU-1. …RESPONDENT (BY SMT.KRUTIKA RAGHAVAN.,ADVOCATE) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12189 CA No. 55 of 2024 THIS COMPANY APPLICATION IS FILED UNDER RULE 6 AND 9 OF COMPANIES (COURT) RULES, 1959 AND UNDER ORDER XVIII READ WITH RULE, 17 OF CODE OF CIVIL PROCEDURE, PRAYING THIS HONBLE COURT MAY BE PLEASED TO RECALL AND RE-OPEN THE EVIDENCE OF PW.1 DATED 30.08.2023 (WITNESS OF OFFICIAL LIQUIDATOR) AND PERMIT THE RESPONDENT NO.4 TO CROSS- EXAMINE PW.1, IN THE INTEREST OF JUSTICE AND EQUITY. THIS COMPANY APPLICATION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. C.A.No.55/2024 has been filed by respondent No.4, who is the nominee director being the Director of Agriculture Departmentseeking for recalling PW-1 and reopen the evidence of PW-1 being the witness of the official liquidator and permit respondent No.4 to cross-examine PW-1. 2. The submission made is that the proceedings being under Section 543(1) of the Companies Act, 1956,there is a possibility of adverse order being passed against the respondent if itis not adequately represented ordefended by the applicant. The applicant also claims that the applicant was appointed as a nominee director by the State being the Director of Agriculture Department. 3. Taking into consideration these aspects, I am the opinion that the nominee director would have to be given an opportunity to cross-examine PW-1,as such,the order - 3 - HC-KAR NC: 2026:KHC:12189 CA No. 55 of 2024 dated 22.02.2022 is recalled, the evidence of PW-1 is reopened to the stage of cross examination of PW-1. 4. The applicant is permitted to cross-examine PW-1 on the very next day that the matter is listed. 5. The submission of learned counsel for the official liquidator that PW-1 would be present on 24.03.2026, is placed on record. 6. The applicant shall appear before the Central Process Co- ordinator on 24.03.2026 at 2:30 PM to cross examine PW-1 without seeking for any adjournment on behalf of respondent No.4. 7. Needless to say,ifPW-1 is present on 24.03.2026 and not cross-examined by respondent No.4, the benefit of the above order will stand automatically rescinded. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY