S P Goyal vs Indian Overseas Bank on 15 February, 2022

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Central Information Commission

S P Goyal vs Indian Overseas Bank on 15 February, 2022

1. The issues under consideration i.e. the reliefs sought by the complainant in the complaint dated 20.08.2019 due to alleged non-supply of information vide RTI application dated 17.06.2019 are as under:-

Initiate necessary action as per provisions of the RTI Act against the concerned CPIO for not giving any reply within stipulated time.

2. Succinctly facts of the case are that the complainant filed an application dated 17.06.2019 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indian Overseas, Ludhiana, seeking following information:

(i) "Provide copy of note sheet file under which bank received following Property Deed/ Lease Deeds:

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(ii) Inform the date of receipt of above Property Deed/ Lease Deeds.

(iii) Inform the date on which your liability is over for which bankhad kept the above Property Deed/ Lease Deeds

(iv) Inform on which date bank informed Regional Office/ Zone Office & Head Office that bank liability is over against the above Property Deed/ Lease Deeds.

(v) Provide copy of intimation if any sent to M/s Sanjeev Woollen Mills to take Property Deed/Lease Deeds.

a) It is true in record Hira Lal Goyal HUF is partner up to 12.05.1993, or there is any liability of bank.

(vi) Inform from which date dealing of bank day to day with M/s Sanjeev Woolen Mills was closed to complete old commitments under bank guarantees & FDRs/ Deposits against your bank guarantees.

(vii) Provide the copy of record where the pending matters dealing of firm M/s Sanjeev Woollen Mills & M/s Monika India are recorded.

(viii) Inform whether there was ever account of M/s Monika India & M/s Sanjeev Woollen Mills or another sister concern were irregular during dealing with bank, if so, inform the dates years wise.

(ix) Inform the date of starting Account with bank by M/s Sanjeev Woolen Mills & M/s Monika India.

(x) Inform on what date bank had closed the operation of bank account by M/s Sanjeev Woolen Mills, M/s Monika India & IWs Monika India & another M/s Gopal Dass Jagat Ram (P) Ltd, Canon Steel (P) Ltd. & Mertinez Entex Industries (P) Ltd.

(xi) Inform the status of dealing of group concern of M/s Sanjeev Woollen Mills & IWs Monika India in record.

(xii) Inform how many times bank had credit the extra charges charged from the group concerns of M/s Sanjeev Woollen Mills i.e. M/s Monika India, M/s Gopal Dass Jagat Ram (P) Ltd, Canon Steel (P) Ltd & Mertinez Page 2 of 6 Entex Industries (P) Ltd, upon pointing out the difference in calculation of interest & repeatedly service charges debited in correctly.

(xiii) Inform the name & status of bank official on who's advice & instruction to Indian Overseas Bank filed Interpleader Suit on dated 09.04.2004 for the delivery of property deed/ lease deed of M/s Sanjeev Woollen Mills.

(xiv) Inform on which dated Bank Manager, Shri M.K. Chautervedi was arrested & on which date he was released for keeping the funds of group concerns of M/s Sanjeev Woollen Mills in bank sundry account instead in the A/c of concerns of group of M/s Sanjeev Woollen Mills.

(xv) Inform the date of arrest of Shri M.K. Chautervedi, Bank Manager & on what basis/ ground he was released.

(xvi) Inform the name & status of Bank Officer on the direction/ order the bank filed Interpleader Suit on dated 09.04.2004 in District Court Ludhiana, title as under:-

a) M/s Sanjeev Woolen Mill, 863-864, Industrial Area-A, Ludhiana through its partners i.e. appellants/ defendants no. 2 and 3.

b) Sh. Sat Parkash Goyal s/o Sh. Jagat Ram Goyal.

c) Sh. Sanjeev Goyal s/o Sh. Sat parkash Goyal.

Both partners of M/s Sanjeev Woolen Mills 863-864, Industrial Area- 'A', Ludhiana

a) Indian Overseas Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of undertakings Acts, 1972, having its head office at Anna Salai, Channi (TN.)

b) Indian Overseas Bank, Branch office at Katcheri Road, Ludhiana, through its Chief Manager.

Respondents/ plaintiffs

c) Sh. Hira Lal Goyal, 5/IV, The Mall, Ludhiana.

Respondents/Defendant s no. 5

d) Sh. Rakesh Goyal s/o Sh. Sat Parkash Goyal Resident of 2-C, Sarabha Nagar, Gurudwara Road, Ludhiana.

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Performa Respondents/ Defendants no. 4 (xvii) Provide copy of Letter 10.07.2000 of Hira Lal Goyal, which is also part of your interpleader Suit No. CS/115(A) of 2004, title as under:-

a) M/s Sanjeev Woollen Mill, 863-864, Industrial Area-A, Ludhiana through its partners i.e. appellants/ defendants no. 2 and 3.

b) Sh. Sat Parkash Goyal s/o Sh. Jagat Ram Goyal.

c) Sh. Sanjeev Goyal s/o Sh. Sat parkash Goyal.

Both partners of M/s Sanjeev Woolen Mills 863-864, Industrial Area- 'A', Ludhiana Appellants / defendants

a) Indian Overseas Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of undertakings Acts, 1972, having its head office at Anna Salai, Channi (TN.)

b) Indian Overseas Bank, Branch office at Katcheri Road, Ludhiana, through its Chief Manager.

Respondents/ plaintiffs

c) Sh. Hira Lal Goyal, 5/IV, The Mall, Ludhiana.

Respondents/Defendant s no. 5

d) Sh. Rakesh Goyal s/o Sh. Sat Parkash Goyal Resident of 2-C, Sarabha Nagar, Gurudwara Road, Ludhiana.

Performa Respondents/ Defendants no. 4 (xviii) Inform whether this letter dated 10.07.2000 was received by bank through 'Post or Hand delivery. Please provide copy of this letter under RTI Act with postal receipt if by post & it by hand delivery, give date & number of receipts as bank in-word receipt register & inform the name of officer acted up on this letter.

(xix) Inform following properties were taken by bank on behalf of M/s Monika India or on behalf of M/s Sanjeev Woollen Mills. Provide the copy of bankrecords relevant to these 3 property deed details as below:-

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a) Plot No. 15/2, Block-D, Okhla Industrial Estate, phase-l, New Delhi.

b) 0.442 acres of Land Plot and Factory constructed thereon at 839 Industrial Area-A, Ludhiana.

c) Plot No. 26, Village Kavesar, Maharashtra."

The CPIO did not reply to the complainant. Aggrieved by the same, the complainant filed a complaint dated 20.08.2019 before the Commission which is under consideration.

3. The complainant has filed the instant complaint dated 13.08.2019 inter alia on the grounds that no reply was given by the CPIO. The complainant requested the Commission to direct the CPIO to provide the complete information and take necessary action as per Section 20 (1) of the RTI Act.

4. Perusal of the records submitted by the appellant while filing the complaint dated 20.08.2019 reveals that neither the CPIO nor the FAA provided any information or any reply to the appellant.

5. The complainant remained absent and on behalf of the respondent Shri Shansur Rehman, CPIO, Indian Overseas Bank, Ludhiana attended the hearing through audio conference.

5.1. The respondent while defending their case inter alia submitted that it was not a case of non-response as contended by the complainant in his complaint filed before the Commission. They further stated that the complainant had frequently filed several RTI applications including the present matter in which they had replied on 15.07.2019. They further stated that the application related to very old records almost 30 to 35 years old. However, the branch had tried to find out the requisite information. As per the order dated 12.07.2021 passed by Civil Judge in M/s Sanjeev Woolen Mills vs. IOB, Shri Satyaprakash Goyal had expired. Besides, they had replied vide letter dated 15.07.2019 and the same is reproduced as under:

"The information sought is not available except letter dated 09.12.2000; only on the payment of Rs. 2/- per page plus Rs. 50/- towards postal charges by way of Page 5 of 6 IPO/DD in favour of Indian Overseas Bank payable at Ludhiana within 20 days from the receipt of this letter.

(ii), (iii) No information is available."

6. The Commission after adverting to the facts and circumstances of the case, hearing the respondent and perusal of records, observed that the respondent replied on 15.07.2019. It may be noted that it is not a case of non-response and that the respondent provided information available under their custody. Further, the respondent also brought out during the course of hearing that the complainant had expired. Therefore, the reply having been given, there appears to be no merit in the complaint. Accordingly, the complaint is rejected.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date: 16.02.2022 Authenticated true copy R. Sitarama Murthy ( आर.

सीताराम मूत ) Dy. Registrar ( उप पंजीयक ) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO: INDIAN OVERSEAS BANK, REGIONAL OFFICE, 550/1, FOUNTAIN CHOWK, COLLEGE ROAD CIVIL LINES, LUDHIANA, PUNJAB - 141001 FIRST APPELLATE AUTHORITY, INDIAN OVERSEAS BANK, GENERAL MANAGER, LAW DEPARTMENT, CENTRAL OFFICE, P.B. 763, ANNA SALAI, CHENNAI, TAMILNADU, INDIA - 600002.

SH. S P GOYAL Page 6 of 6

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