KRISHNA BHAGYA JALA NIGAM LIMITED A GOVERNMENT OF KARNATAKA, REP. BY ITS COMPANY SECRETARY Vs. SRI G. HARISCHANDRA REDDY S/O G.V. RAMANA REDDY, SRI KRISHNACHARYA, B.E. F.I.E., CHIEF ENGINEER (RETD.) P.W.D. AND KARNATAKA HOUSING BOARD AND THE STA

JUDGEMENT

(1.) THIS appeal is preferred by Krishna Bhagya Jala Nigam Limited, a Government of Karnataka Undertaking, challenging the award dated 28.7.1990 passed by the Arbitrator as well as the judgment and decree dated 30.10.1998 passed by the Principal Civil Judge (Sr. Dn.), Bijapur, affirming the said award.

(2.) THE Appellant was not a party to the proceedings before the Arbitrator as well as before the Civil Court. Therefore, the Appellant filed an application under Section 151 of the Code of Civil Procedure, seeking leave of this Court to grant leave to prefer this appeal. This Court by an order dated 17.6.1999 granted the leave sought for subject to any objection to be filed by the Respondent on their appearance.

(3.) DURING the pendency of the matter before the Civil Court, the Government of Karnataka, established Krishna Bhagya Jala Nigam Limited, a Company under the Indian Companies Act, 1956 and transferred all the assets and liabilities in respect of Upper Krishna Project from the Upper Krishna Project authorities to the Appellant from the date of registration of the Company. In those circumstances, as the Appellant is the person, who has to satisfy the impugned award, they preferred this appeal, seeking leave of the court, as they are the persons aggrieved by the said award.