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HIGH COURT OF DELHI
Date of Decision: 27.02.2023
ALKA TANDON ..... Appellant
Through: Mr. Lovish Sharma, Mr. Gobind Malhotra, Mr. Amardeep Dingh, Mr. Gurpreet Singh and Mr. Rehan Saini, Advocates.
Through: Mr. Rajiv Kapur and Mr. Akshit Kapur, Advocates for
SBI/R-2.
Mr. Sameer Nandwani and Ms. Nikita Sharma, Advocates for
R-3.
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN NAJMI WAZIRI, J (ORAL)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
JUDGMENT
1. This appeal impugns the order passed by the learned Single Judge on 31.07.2019 in W.P.(C) 6753/2018, insofar as it has held that R-3 is not a 'State' within the meaning of Article 12 of the Constitution of India and therefore, not amenable to the writ jurisdiction under Article 226 of the Constitution. The reason for so concluding is as under: 2023/DHC/001468 LPA 642/2019
2. During the course of the arguments, it has not been disputed that the promoter shares held in the Joint Venture by both State Bank of India and Insurance Australia Group is equal. That being the position, it cannot be said that the joint venture between the aforesaid entities would fall under the definition of ‘State’ or that SBI has a deep and pervasive control over it. Therefore, we find no reason to interfere with the impugned order.
3. At this stage, the learned counsel for the appellant seeks to withdraw the appeal with liberty to pursue his remedies as may be available in law.
4. In view of the above, the appeal is dismissed as withdrawn. Liberty granted.
NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J FEBRUARY 27, 2023