- 1 - HC-KAR NC: 2026:KHC:7950 CA No. 279 of 2016 IN COP No. 2 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. 279 OF 2016 IN COMPANY PETITION NO. 2 OF 2000 BETWEEN: SRI. CK JAYARAM S/O LATE C N KRISHNAMURTHY AGED ABOUT 66 YEARS RESIDING AT CHANDANA APARTMENTS, NO 82, INFANTRY ROAD, BENGALURU - 560001 …APPLICANT (BY SRI. ABHINAY Y.T. FOR SRI. BYREGOWDA.N., ADVOCATE) AND: M/S KIRLOSKAR INVESTMENT AND FINANCE LTD (IN LIQN), 12TH FLOOR,NO. 26, RAHEJA TOWERS, M.G. ROAD, BENGALURU. …RESPONDENT (BY SMT. KRUTHIKA RAGHAVAN., FOR O.L.) THIS COMPANY APPLICATION IS FILED UNDER RULE 9 OF THE COMPANIES (COURT) RULES, 1959 PRAYING TO RECALL THE ORDER DATED 1.4.2016 PASSED IN OLR NO.53 OF 2016 IN SO FAR AS IT RELATES TO THE DIRECTION ISSUED TO THE OFFICIAL LIQUIDATOR TO AUCTION OF FLAT NO. A-1, CHANDANA APARTMENTS, INFANTRY ORDER AND HOLD THAT THE SAID FLAT CANNOT BE SOLD TO Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7950 CA No. 279 of 2016 IN COP No. 2 of 2000 REALIZE THE ASSETS TO THE COMPANY IN VIEW OF THE FACT THAT THE COMPANY DOES NOT POSSESS COMPLETE TITLE OVER THE SAME IN THE INTERESTS 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. CA No.279/2016 has been filed seeking for the following reliefs; a. Recall the order dated 1.4.2016 passed in OLR No.53 of 2016 in so far as it relates to the direction issued to the Official Liquidator to auction of Flat No.A-1, Chandana Apartments, Infantry Order and hold that the said flat cannot be sold to realize the assets of the Company in view of the fact that the Company does not possess complete title over the same in the interest of justice and equity. 2. Learned counsel for the official liquidator submits that in pursuance of the order dated 01.04.2016 in OLR No.53/2016, the apartment / flat has been auctioned, the amounts have been received, possession thereof has been handed over to the auction purchaser. - 3 - HC-KAR NC: 2026:KHC:7950 CA No. 279 of 2016 IN COP No. 2 of 2000 3. In that view of the matter, CA No.279/2016 does not survive for consideration. The said application stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE List No.: Sl No.: