Central Information Commission
Mr.D A Sahasrabuddhe vs Engineering Projects (India) Ltd. on 8 March, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/MA/A/2010/000802/LS
Appellant: D A Sahasrabuddhe
Respondent: Engineering Projects India Limited
Date of hearing: 8.3.2011
Date of decision: 8.3.2011
FACTS
The matter is heard today dated 8.3.2011. Appellant not present. The public authority is represented by Shri N. K. Dhingra, AGM (Legal), Shri M. M. Divakaran Sr. Manager and Advocate Sunil Ahuja.
2. It is the submission of Advocate Ahuja that HAL had awarded a contract for execution of civil works to EPIL which, in turn, entered into a contract with ABP (private entity) for the execution thereof. A dispute arose between EPIC and M/s ABL and the matter is presently pending before the Arbitral Tribunal. It is thus his plea that information is not disclosable on two counts - one, that is not covered u/s 2 (f) and, second, that it involves matters of commercial confidence and disclosure thereof at this stage would adversely affect the interest of EPIL. Besides, he also pleads that in a certain sense, the ongoing proceedings in the Arbitral Tribunal may be construed as investigation as defined in section 8 (1) (h) of the RTI Act and on this ground also the requested information is not dislcsoable.
3. As noted above, the appellant is not present to canvass his case before the Commission. Given the fact that the matter is pending before the Arbitral Tribunal, it appears to us that the requested information may qualify as information of 'commercial confidence'. Viewed thus, the CPIO has passed a correct order. In the premises, the appeal is dismissed.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The AGM & CPIO Engineering Projects (India) Ltd., Core-3, Scope Complex, 7 Lodhi Road, New Delhi-110003
2. Shri D A Sahasrabuddhe 27/7, Vidisha Housing Society, Behind Kothurd PMT Stand, Kothrud Gaon, Pune-38