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april 2011

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.

M/S Bharat Steel Tubes Ltd Etc vs Ifci Ltd & Ors · Niyam