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2004 Supreme(Pat) 167

RAVI S.DHAVAN, SHASHANK KR.SINGH
State Of Jharkhand – Appellant
Versus
Bihar State Forest Development Corporation Limited – Respondent


Judgment

Ravi S.Dhavan, J.

1. This appeal has been filed by the State Jharkhand feeling aggrieved by an order dated 15 January, 2004 delivered in CWJC No. 939 of 2003: The Bihar State Forest Development Corporation V/s. Union of India and Ors.

2. The Bihar State Forest Development Corporation is incorporated as Government Company, in effect, u/s. 617 of the Companies Act, 1956 . A State Government Company is virtually seeking in the High Courts prerogative writ jurisdiction on a certiorari action, in effect a certificate, that the State of Jharkhand and the Jharkhand State Forest Development Corporation cannot, under the law, trade in Kendu leaves and other minor forest produce unless the process of division of the assets and liabilities of the Bihar State Forest Development Corporation has been finalised. In this Letters Patent Appeal, the Courts attention has been drawn to a restraint order, preventing this Corporation from carrying on its business. Thus, the present Letters Patent Appeal.

3. In the petition filed by the Bihar State Forest Development Corporation the State of Bihar was not impleaded as a party. This was done subsequently by an order of this Court, that is, the app





























































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