Leelabai Gajanan Pansare v. Oriental Insurance Company Limited
(2008) 9 SCC 720
In the Supreme Court of India
Civil Appeal 5136-5139/2008
Before Justice S.H. Kapadia and Justice B.S. Reddy
Decided on August 20, 2008

Relevancy of the case: Relying on information available on a company’s website in line with Section 4 of the Information Technology Act, 2000

Statutes and Provisions Involved

•  The Information Technology Act, 2000 (Section 4)
• The Maharashtra Rent Control Act, 1999 (Section 3(1)(b))
• The Companies Act, 1956 (Section 617)

Relevant Facts of the Case

•  In the present appeal, the interpretation of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999 was in question. The issue is whether a government company falls within the ambit of a Public Sector Undertakings (PSUs) established by or under any Central or State Act?.
• The respondent company contends it is a government company under Section 617 of the Companies Act, 1956.
• Therefore, it does not come under the definition of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999.

Opinion of the Bench

• There is no conclusive test to determine the character of an entity.
• It relied on the information given on the website with the help of Section 4 of the Information Technology Act, 2000 to understand the nature of the company.
• Hence, the bench held that the company falls under the definition of Section 3(1)(b) of the Maharashtra Rent Control Act, 1999.

Final Decision

• The bench set aside the previous High Court decision and held that the company is liable for eviction.