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Judgment
NAJMI WAZIRI, J (ORAL)
The hearing has been conducted through hybrid mode (physical and virtual hearing).
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:
“9.The learned counsel appearing for the respondents has also raised a preliminary objection regarding maintainability of the present petition. She states that respondent no.3 is a private company formed as a joint venture between State Bank of India Limited and Insurance Australia Group. It is also averred in the counter affidavit that both the said entities have equal representation on the Board of respondent no. 3 company.”
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.
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.
In view of the above, the appeal is dismissed as withdrawn. Liberty granted.