- 1 - HC-KAR NC: 2026:KHC:6174 CA No. 45 of 2025 IN CA No.560 of 2011 IN COP No.126 of 2002 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. 45 OF 2025 IN COMPANY APPLICATION NO.560 OF 2011 IN COMPANY PETITION NO.126 OF 2002 BETWEEN: GEORGE JOSEPH AGED 96 YEARS, CHARTERED ACCOUNTANT 712, COLLEGE ROAD, MADIKERI 571 201 KODAGU. …APPLICANT (BY SRI. SRIRANGA.S., SENIOR ADVOCATE FOR SMT.SUMANA NAGANAND., ADVOCATE) AND: OFFICIAL LIQUIDATOR OF M/S VIJAYA LEASING LIMITED (IN LIQN) ATTACHED TO HIGH COURT OF KARNATAKA, BENGALURU. …RESPONDENT (BY SMT. KRUTIKA RAGHAVAN, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6174 CA No. 45 of 2025 IN CA No.560 of 2011 IN COP No.126 of 2002 THIS COMPANY APPLICATION FILED UNDER ORDER XXVI RULES 1, 4 AND 4-A R/W SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING THAT THIS HON'BLE COURT BE PLEASED TO APPOINT A COURT COMMISSIONER TO RECORD THE EVIDENCE OF RESPONDENT NO.3 IN COMPANY APPLICATION BEARING NO.560/2011, IN THE INTERESTS OF JUSTICE AND EQUITY. THIS COMPANY APPLICATION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned counsel for the Official Liquidator confirms receipt of the said application and hence, office objection in relation thereto does not survive for consideration. 2. The above application has been filed for appointment of a Court Commissioner to record the evidence of Respondent No.3 in Company Application No.560 of 2011 filed in COP No.126 of 2002. - 3 - HC-KAR NC: 2026:KHC:6174 CA No. 45 of 2025 IN CA No.560 of 2011 IN COP No.126 of 2002 3. Sri.Sriranga, learned Senior Counsel appearing for the applicant submits that the applicant is 97 years old and would not be able to travel to Bengaluru to record his evidence in the above proceedings and it is for that reason that the respondent is seeking for appointment of Commissioner to record his evidence, both in terms of examination-in-chief and cross- examination. His further submission is that the respondent will bear the cost of travel and stay of both the Commissioner and the counsel for the Official Liquidator, if the said application is allowed and Court Commissioner is appointed. In that view of the matter, considering that the witness is 97 years old as on today, I am of the considered opinion that it would be in the interest of justice that a Commissioner be appointed to record his evidence. As such, I pass the following: - 4 - HC-KAR NC: 2026:KHC:6174 CA No. 45 of 2025 IN CA No.560 of 2011 IN COP No.126 of 2002 ORDER i) C.A.No.45 of 2025 is allowed. ii) Sri.Shamanth D.Kumar, Advocate (KAR/3494/2010) No.K-39, Doopadh, 1st Floor, Opposite to Canara Bank, M.G.Road, Somwarpet, Madikerei-571236, is appointed as a Commissioner to record the examination-in-chief and cross-examination of Sri.George Joseph who is Respondent No. 3 in C.A.No.560 of 2011 and Applicant in C.A.No.45 of 2025. iii) Before the recordal of evidence, the identification of the witness will be ascertained and certified by the counsel appearing for the witness/applicant. iv) The applicant shall make arrangements and or reimburse the expenses incurred by the - 5 - HC-KAR NC: 2026:KHC:6174 CA No. 45 of 2025 IN CA No.560 of 2011 IN COP No.126 of 2002 Commissioner, if he were to travel to Madikeri and stay in Madikeri. v) The applicant shall also make arrangements or reimburse the costs incurred by the counsel for the Official Liquidator and the case worker accompanying the said counsel. The arrangements for stay of the counsel for the Official Liquidator to be made in a hotel having a minimum four stars. vi) The date, time and venue for recordal of evidence to be mutually discussed between the counsel for the Official Liquidator and the counsel for the applicant. 4. Re-list on 27.02.2026. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.1 Sl No.14