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K. G. BALAKRISHNAN, TARUN CHATTERJEE, DEEPAK VERMA
STATE OF BIHAR – Appellant
Versus
STATE OF JHARKHAND – Respondent
ORDER
1. The following issues are framed:
1. Whether on 15-11-2000, when the existing State of Bihar was divided into two States of Bihar and Jharkhand, the status of Respondent 1 Company underwent any change in view of it being not included in the Ninth Schedule of the Bihar Reorganisation Act, which in turn is referable to Section 65 of the Bihar Reorganisation Act?
2. Whether any company which does not fall within the Ninth Schedule referable to Section 65 can be annexed or usurped by taking recourse to Section 47 of the Act?
3. Whether Section 47 of the Bihar Reorganisation Act, 2000 is applicable to a company incorporated under the Companies Act, 1956 despite Section 65 of the Bihar Reorganisation Act, 2000 and consequently Tenughat Thermal Power Station at Lalpania would or would not vest in the successor State of Jharkhand?
4. Whether Section 47 envisages issuance of notification in respect of fait accompli with regard to any undertaking of the existing State of Bihar fulfilling the requirement as per Section 47 of the Act?
5. Whether Respondent 1 Company, incorporated under the Companies Act, was at all covered by the commonly known expression of "undertaking" which has not been
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