- 1 - HC-KAR NC: 2026:KHC:6171 CA No. 9 of 2026 IN CA No.789 of 2004 IN COP No.178 of 2000 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ COMPANY APPLICATION NO. 9 OF 2026 IN COMPANY APPLICATION NO. 789 OF 2004 IN COMPANY PETITION NO.178 OF 2000 BETWEEN: 1. CHATURBHUJ L S/O LUNI DARAM, AGED ABOUT 79 YEARS, R/AT A-005, GOPALAN APARTMENTS TELECOM LAYOUT, BENGALURU - 560 023 2. BANSI C. AGED ABOUT 42 YEARS, R/AT A-005, GOPALAN APARTMENTS TELECOM LAYOUT, BENGALURU- 560 023 …APPLICANTS (BY SRI. ROHITH R KAMATH., ADVOCATE) AND: OFFICIAL LIQUIDATOR VAJRA CEMENTS AND MINERALS PRIVATE LIMITED (IN LIQN) ATTACHED TO HIGH COURT OF KARNATAKA, CORPORATE BHAVAN, NO. 26-27, 12TH FLOOR, RAHEJA TOWERS, M.G.ROAD, BENGALURU - 560 001. …RESPONDENT (BY SRI. JAGADEESH GOUD PATIL., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6171 CA No. 9 of 2026 IN CA No.789 of 2004 IN COP No.178 of 2000 THE COUNSEL FOR THE APPLICANTS HAS FILED THE ABOVE APPLICATION UNDER SECTION 443 OF THE COMPANIES ACT, 1956 READ WITH SECTION 518 OF THE COMPANIES ACT, 1956 PRAYING THIS HON'BLE COURT BE PLEASED TO ALLOW THE APPLICANT-ACCUSED TO ADDUCE THE EVIDENCE BY WAY OF AFFIDAVIT IN PURSUANCE TO THE STATEMENT OF OBJECTIONS FILED AS ON 28.07.2011, ETC., THIS COMPANY APPLICATION, COMING ON FOR ARGUMENTS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. C.A.No.9 of 2026 has been filed seeking permission to lead evidence by Respondent Nos.1 and 2. 2. The contention of learned counsel for Respondent Nos.1 and 2 is that due to medical issues, the evidence could not be lead though the NBW had been recalled, subject to Respondent Nos.1 and 2 leading evidence. 3. The said application is opposed by the learned counsel for the Official Liquidator contending that - 3 - HC-KAR NC: 2026:KHC:6171 CA No. 9 of 2026 IN CA No.789 of 2004 IN COP No.178 of 2000 from the last nearly one and a half years, no evidence has been lead by Respondent Nos.1 and 2 and the present application is one more attempt to protract the proceedings. 4. Learned counsel for Respondent Nos.1 and 2 submit that if an opportunity is granted to Respondent Nos.1 and 2 to lead evidence, evidence would be lead on the very next date that may be fixed by this Court, without seeking for any adjournment and the witness will be kept present for cross-examination on the very same day and any date fixed for such cross- examination without seeking for any adjournment. 5. In view of the said submission, I am of the considered opinion that though there is a delay on part of Respondent Nos.1 and 2 in leading evidence, one last opportunity has to be granted to Respondent Nos.1 and 2 to do so. 6. Hence, I pass the following: - 4 - HC-KAR NC: 2026:KHC:6171 CA No. 9 of 2026 IN CA No.789 of 2004 IN COP No.178 of 2000 ORDER i) C.A.No.9 of 2026 is allowed. ii) Respondent Nos.1 and 2 are permitted to lead their evidence, subject to the affidavit being filed on or before 05th February, 2026 and copy furnished to the learned counsel for the official liquidator, in advance. iii) The witness shall be present for cross- examination and for marking of documents and or cross-examination on 11th February, 2026, which evidence shall be recorded by the Central Process Coordinator (CPC) at 02.30 p.m., on the said date. iv) The above application is allowed on cost of Rs.5,000/- (Rupees Five Thousand only), which shall be deposited with the - 5 - HC-KAR NC: 2026:KHC:6171 CA No. 9 of 2026 IN CA No.789 of 2004 IN COP No.178 of 2000 Advocate's Clerks' Benevolent Fund, Bengaluru, before 05th February, v) If any of the above conditions i.e., payment of cost, filing of affidavit by 05th February, 2026, presence of the witness by 11th February, 2026 are not complied with, the benefit of this order would stand rescinded and this order would stand recalled. vi) List before CPC on 11th February, 2026. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.1: Sl No.9: