Supreme Court of India · 2011-04-04
M/S Bharat Steel Tubes Ltd Etc vs Ifci Ltd & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 2568
- Court
- Supreme Court of India
- Petitioner
- M/S Bharat Steel Tubes Ltd Etc
- Respondent
- Ifci Ltd & Ors
- Author
- Altamas Kabir
- Bench
- Cyriac Joseph, Altamas Kabir
Judgment text excerpt
The Supreme Court granted permission to file Special Leave Petitions challenging the Delhi High Court's ruling that the Industrial Finance Corporation of India Limited qualifies as a 'financial institution' under Section 4A(2) of the Companies Act, 1956, and Section 2(1)(m) of the SARFAESI Act, 2002. The Court held that the Corporation's status as a public financial institution is contingent upon the Central Government holding at least 51% of its paid-up share capital, which it no longer does due to disinvestment. Consequently, the Court concluded that the Corporation cannot enforce a 'security interest' under the SARFAESI Act as it is no longer classified as a public financial institution.