- 1 - HC-KAR NC: 2026:KHC:6172 CA No. 16 of 2026 IN CA No. 164 of 1997 IN COP No. 82 of 1989 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. 164 OF 1997 IN COMPANY PETITION NO.82 OF 1989 BETWEEN: SALAR JUNG SUGAR MILLS LIMITED (IN LIQN) REPRESENTED BY THE OFFICIAL LIQUIDATOR, ATTACHED TO THE HIGH COURT OF KARNATAKA, 4TH FLOOR, 'D' & 'F' WING, KENDRIYA SADAN, KORAMANGALA, BENGALURU. …APPLICANT (BY SMT.KRUTIKA RAGHAVAN., ADVOCATE) AND: SUSHIL R MORARKA AND OTHERS 24/B, CARNILCHIAL ROAD, BOMBAY - 26 …RESPONDENT (BY SRI. J.M.ANIL KUMAR., ADVOCATE) COMPANY APPLICATION NO. 16 OF 2026 IN Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6172 CA No. 16 of 2026 IN CA No. 164 of 1997 IN COP No. 82 of 1989 THIS COMPANY APPLICATION FILED UNDER SECTION 70(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973 (SECTION 72 OF THE BHARATIYA NYAYA SURAKSHA SANHITA, 2023) PRAYING TO RECORD THE PRESENCE OF RESPONDENT NO.2, RECALL THE ORDER ISSUING THE BAILABLE WARRANT AGAINST THE RESPONDENT NO.2, 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. On 09.01.2026, learned counsel, Sri.Karan Gupta had submitted that accused No.2 had expired. Today, it is submitted that accused No.1 has expired and not accused No.2. 2. Accused No.2, against whom a bailable warrant had been issued is present before this Court in-person and represented by the learned counsel, Sri.J.M.Anil Kumar. - 3 - HC-KAR NC: 2026:KHC:6172 CA No. 16 of 2026 IN CA No. 164 of 1997 IN COP No. 82 of 1989 3. Sri.J.M.Anilkumar, learned counsel who is present in-person before this Court, submit that he has not filed any retirement memo in respect to Respondent No.2 and that he would continue to appear for Respondent No.2. 4. Registry is directed to print the name of Sri.J.M.Anilkumar, learned counsel as that of appearing for Respondent No.2 and delete the name of the learned counsel, Sri.Pramod.R., as that of appearing for Respondent No.2. 5. The submission of the learned counsel, Sri.J.M.Anil Kumar is that, Vakalath having been filed by him long ago, he has continued to appear for Respondent No.2. But, however, on the basis of a wrong submission made, his name was deleted vide order dated 29.02.2024 and it is for that reason that he was not aware of the listing of the matter and could not represent Respondent No.2. His submission is borne out by the order-sheet, in as much as on - 4 - HC-KAR NC: 2026:KHC:6172 CA No. 16 of 2026 IN CA No. 164 of 1997 IN COP No. 82 of 1989 29.02.2024, it had been directed that his name be deleted. This confusion having persisted on account of one other counsel, namely, Sri.Pramoda.R., making a submission that he would be appearing for Respondent No.2, this Court, vide order dated 13.11.2025 had called upon the earlier counsel to make a submission as to who would be appearing for Respondent No.2, when he had indicated that he would not be appearing for Respondent No.2 on 06.12.2025. 6. In that view of the matter, I am of the considered opinion that C.A.No.16 of 2026 filed under Section 72 of the Bharatiya Nyaya Suraksha Sanhita, 2023 is liable to be allowed. 7. Registry is directed to indicate the name of the learned counsel, Sri.J.M.Anilkumar as that of appearing for Respondent No.2 in the cause-list. - 5 - HC-KAR NC: 2026:KHC:6172 CA No. 16 of 2026 IN CA No. 164 of 1997 IN COP No. 82 of 1989 8. The learned counsel, Smt.Krutika Raghavan appearing for the Official Liquidator, submits that the statement of affairs filed by Respondent No.1 along with the statement of defects pointed out by the Official Liquidator will be furnished to Respondent No.2. 9. The learned Counsel for Respondent No.2 seeks for and is granted three weeks' time to rectify the defects pointed out by the Official Liquidator. 10. Re-list on 20th February, 2026. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.1: Sl No.10