- 1 - HC-KAR NC: 2026:KHC:12188 CA No. 50 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.50 OF 2024 IN COMPANY APPLICATION NO.45 OF 2010 IN COMPANY PETITION NO.66 OF 1997 BETWEEN: R.N. CHAWHAN AGED ABOUT 75 YEARS S/O LATE N.S CHAWAN RESIDING AT NO.453, 6THCROSS,J P NAGAR III PHASE BANGALORE – 560078. …APPLICANT (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:12188 CA No. 50 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.2 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. Objections have been raised by the Registry as regards CA.No.50/2024 that a copy had not been served on the learned counsel for the official liquidator. 2. Learned counsel for the official liquidator confirms the receipt of the said application. 3. C.A.No.50/2024 has been filed by respondent No.2, who is the nominee director being Executive Director of KSIIDC seeking for recalling PW-1 and reopen the evidence of PW-1 being the witness of the official liquidator and permit respondent No.2 to cross examine PW-1. 4. 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 respondent, if it is not adequately represented or defended by the applicant. The applicant also claims that - 3 - HC-KAR NC: 2026:KHC:12188 CA No. 50 of 2024 the applicant was appointed as a nominee director by the state being the executive director of KSIDC. 5. 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 dated 22.02.2022 is recalled, the evidence of PW-1 is reopened to the stage of cross examination of PW-1. 6. The applicant is permitted to cross-examine PW-1 on the very next day that the matter is listed. 7. The submission of learned counsel for the official liquidator that PW-1 would be present on 24.03.2026, is placed on record. 8. 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 Nos.2. 9. Needless to say,ifPW-1 is present on 24.03.2026 and not cross-examined by respondent No.2, the benefit of the above order will stand automatically rescinded. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY