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2022 Supreme(SC) 1887

B. R. GAVAI, B. V. NAGARATHNA
P. Seshareddy (D) Rep. By His Lr. Cum Irrevocable Gpa Holder And Assignee Kotamreddy Kodandarami – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
Ms. Kiran Suri, Sr. Advocate, Mr. S.J. Amit, Advocate, Ms. Anushree Kumar, Advocate, Ms. Vidushi Garg, Advocate, Mr. B. Purushothama Reddy, Advocate, Mr. Kishor Kumar, Advocate, Dr. (Mrs. ) Vipin Gupta, Advocate, for the Appellant; Ms. Soumyan Tondan, Advocate, Ms. L.M. Bhat, Advocate, Mr. Hetu Arora Sethi, Advocate, Ms. Aishwarya Bhati, ASG, Ms. Swati Ghildiyal, Advocate, Mr. Amit Sharma, Advocate, Mr. V.M. Vishnu, Advocate, Mr. Akshay Amritanshu, Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. B. Suyudhan, Advocate, Ms. Tatini Basu, Advocate, for the Respondent.

JUDGMENT

1. Leave granted.

2. The appeals challenge the judgment and order dated 12.11.2019 passed by the learned Single Judge, High Court of Karnataka, Kalaburagi Bench in W.P.Nos. 201087-88/2018 c/w W.P. No. 201321/2016 (GM-CPC), thereby allowing the writ petition(s) filed by the respondent-State.

3. The facts giving rise to the present appeals arise out of the following narrow compass:

4. One P. Seshareddy S/o P.C. Venkatreddy entered into a contract with State of Karnataka for execution of UKP project. He executed a General Power of Attorney dated 21.10.1982 in favour of one Kotermreddy Kodandarami Reddy authorising him to do all the acts necessary with regard to the execution of the said contract.

5. It appears that certain disputes arose between P. Seshareddy and the respondent-State with regard to the execution of the work, allotted to said P. Seshareddy. As such, he initiated arbitration proceedings by making an application under Section 8 of the Arbitration Act, 1940.

6. The said petition was presented through his General Power of Attorney holder Sri Kotemreddy Kodandarami Reddy.

7. The original contractor, namely, P. Seshareddy, died on 13.11.1995. After his death, his legal hei

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