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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 419-426 OF 2004

Balmer Lawrie & Co. Ltd. & Ors.

…Appellants

Versus

Partha Sarathi Sen Roy & Ors.

…Respondents

WITH

CIVIL APPEAL NO. 926 OF 2013

J U D G M E N T

Dr. B. S. CHAUHAN, J.

1.

These appeals have been preferred against the impugned

judgments and orders of the High Court of Calcutta dated 30.1.2002

and 24.12.2002 in FMA No. 301/2001, CO. 2038/1993, WP. Nos.

778/1992, 2613, 2798 & 3169/2000, 1109/1998 and 1739/1996, by

which the Calcutta High Court by a majority decision held that the

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JUDGMENT

Balmer Lawrie & Co. Ltd. – appellant, is a State within the purview of

Article 12 of the Constitution of India, 1950 (hereinafter referred to

as, the ‘Constitution’), and is thus, amenable to writ jurisdiction.

2.

Facts and circumstances giving rise to these appeals are:

A.

The appellant is a public limited company incorporated under

the Indian Companies Act, 1956. The shares of the appellant company

were originally held by Indo-Burma Petroleum Co. Ltd., Life

Insurance Corporation, Unit Trust of India, Gener