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2025 DAILYLAW 88743 (ALL)

SHRI KRISHAN NATH v. THE INDUSTRIAL DEVELOPMENT BANK OF INDIA AND 2 OTHERS

WRIA/12244/2025 · 2025-08-22

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:145810 Court No. - 5 Case :- WRIT - A No. - 12244 of 2025 Petitioner :- Shri Krishan Nath Respondent :- The Industrial Development Bank Of India And 2 Others Counsel for Petitioner :- Ravi Kant,Vatsala Counsel for Respondent :- Krishna Kant Tiwari Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ravi Kant, learned counsel for petitioner and Sri Krishna Kant Tiwari, learned counsel for respondent. 2. The argument of learned counsel for petitioner that IDBI Bank will fall within the State under article 12 is being rejected by Co-ordinate Bench of this Court in Deepak Sadana Vs. Union of India and 3 others, 2022:AHC:184115, therefore, reliance placed on a judgment passed by Rajasthan High Court in Syed Sharji Hussain Vs. IDBI Bank Ltd. and Anr., 2016 (3) RLW 2235, wherein a contrary view was taken has only a persuasive value. 3. It is also informed that similar view has been taken by Bombay High Court, Rajasthan High Court and Jharkhand High Court, which are under challenge before Supreme Court, therefore, at this stage, the Court is not taking any contrary view taken by co-ordinate Bench of this Court, therefore, the prayer made by petitioner is rejected, however, petitioner will have liberty to file a review application in case, the issue is crystalize by the Supreme Court in his favour. 4. Accordingly, writ petition is disposed of with aforesaid observations. Order Date :- 23.8.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad