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NC: 2026:KHC:6173

CA No. 44 of 2025

IN CA No.561 of 2011

IN COP No.125 of 2002

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

COMPANY APPLICATION NO. 44 OF 2025

IN

COMPANY APPLICATION NO.561 OF 2011

IN

COMPANY PETITION NO.125 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

Digitally signed

SMT.SUMANA NAGANAND., ADVOCATE)

by SHWETHA

RAGHAVENDRA

AND:

Location: HIGH

COURT OF

KARNATAKA OFFICIAL LIQUIDATOR OF

M/S VIJAYA COMMERCIAL CREDIT LTD.,

ATTACHED TO HIGH COURT OF KARNATAKA,

BENGALURU.

…RESPONDENT

(BY SMT. KRUTIKA RAGHAVAN, ADVOCATE)

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NC: 2026:KHC:6173

CA No. 44 of 2025

IN CA No.561 of 2011

IN COP No.125 of 2002

HC-KAR

THIS COMPANY APPLICATION IS 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.561/2011, 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.561 of

2011 filed in COP No.125 of 2002.

3. Sri.Sriranga, learned Senior Counsel appearing for

the applicant submits that the applicant is 97 years

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NC: 2026:KHC:6173

CA No. 44 of 2025

IN CA No.561 of 2011

IN COP No.125 of 2002

HC-KAR

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:

ORDER

i) C.A.No.44 of 2025 is allowed.

ii) Sri.Shamanth D.Kumar, Advocate

(KAR/3494/2010) No.K-39, Doopadh, 1^st

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NC: 2026:KHC:6173

CA No. 44 of 2025

IN CA No.561 of 2011

IN COP No.125 of 2002

HC-KAR

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.561 of 2011 and Applicant in

C.A.No.44 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

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.

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NC: 2026:KHC:6173

CA No. 44 of 2025

IN CA No.561 of 2011

IN COP No.125 of 2002

HC-KAR

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. 15

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