T V Sudhakar vs Reserve Bank Of India on 25 February, 2021

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Central Information Commission

T V Sudhakar vs Reserve Bank Of India on 25 February, 2021

Bench: Suresh Chandra

                                    के   ीय सूचना आयोग
                         Central Information Commission
                              बाबा गंगनाथ माग,मुिनरका
                          Baba Gangnath Marg, Munirka
                             नई द ली, New Delhi - 110067


ि तीय अपील सं या / Second Appeal No. CIC/RBIND/A/2020/136602

T V Sudhakar
(Kotak Mahindra Bank)
                                                            ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम

CPIO, Reserve Bank of India,
                                                         ... ितवादीगण/Respondents
Mumbai.


Relevant dates emerging from the appeal:

RTI : 25.11.2019           FA       : 05.03.2020           SA     : 09.09.2020

CPIO : 11.02.2020          FAO : 14.05.2020                Order : 15.01.2021


                                       CORAM:
                                 Hon'ble Commissioner
                               SHRI SURESH CHANDRA
                                      ORDER

(25.02.2021)

1. The Appellant Kotak Mahindra Bank filed appeal dated 13.11.2020 as an aggrieved party against the order dated 14.05.2020 passed by the First Appellate Authority, Reserve Bank of India.

2. The Appellant submitted that the respondent vide letter dated 28.08.2020 informed him of their intention to disclose the information sought by the RTI Appellant, Shri Kabir Agarwal.

Page 1 of 4

3. The Appellant prayed that they had a prima facie case and disclosure of information and documents sought by the applicant would cause irreparable loss to the appellant bank, in case the operation of the order of the First Appellate Authority was not stayed.

4. The Commission has passed the following observation/directions on 16.12.2020:

"The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the appellant bank has prayed for interim order restraining the CPIO from releasing the information in terms of RTI application. In terms of the prayer, the second appeal is admitted and keeping in view of the urgency, the operation of the CPIO's decision dated 11.02.2020 and FAA's order dated 14.05.2020 is stayed till further orders. Accordingly, the matter is adjourned to 15.01.2021 at 11:00 AM."

Hearing on 15.01.2021

5. The appellant represented by Shri I S Gandhi, counsel and on behalf of the respondent Shri Sudesh Kacharekar, Assistant General Manager and Ms Lali Ramesh, Assistant Legal Adviser, Reserve Bank of India, Bandra, attended the hearing through video conference.

5.1. The representative of the appellant bank inter alia submitted that the information sought in the RTI application may not be disclosed as the same would result in jeopardizing competitive position and interests of the Kotak Mahindra Bank. He further submitted that RBI expressed their preparedness to disclose the information sought by the original applicant i.e., Shri Kabir Agarwal on the basis of the observations made by the Hon'ble Supreme court in Jayanti Lal Misty vs. RBI in 16.12.2015. They further informed that the aforesaid order was recalled in Miscellaneous Application No (s) 2342 of 2019 in TC (C) No. 91/2015 (Reserve Bank of India Vs. Jayantilal N. Mistry &Anr.). While recalling the matter, the Hon'ble Apex Court had made the following observations "Inspection Reports/Risk Assessment Reports/Annual Financial Inspection Reports of the Banks including State Bank of India shall not be released by the Reserve Bank of India Page 2 of 4 until further orders." He further submitted that since the aforesaid recall matter was pending before the Hon'ble Supreme Court, he requested the Commission to adjourn the matter and to extend the stay on the CPIO's decision dated 11.02.2020 and FAA's order dated 14.05.2020 until further directions of the Supreme Court.

5.2. The respondent submitted that they were also inclined to await the directions of the Supreme Court in the matter whereupon aforesaid issues were pending for consideration.

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of records, notes that RBI expressed their desire to disclose the information sought by the original applicant i.e., Shri Kabir Agarwal on the basis of the observations made by the Hon'ble Supreme court in Jayantilal N. Mistry & Anr. vs. Reserve Bank of India in 16.12.2015. Since this order was recalled in Miscellaneous Application No (s) 2342 of 2019 in TC (C) No. 91/2015 (Reserve Bank of India Vs. Jayantilal N. Mistry & Anr.) and likely to be listed February 2021. Hence, in the interest of justice and acceding to the request of both the parties, the instant matter is adjourned. The operation of the CPIO's decision dated 11.02.2020 and FAA's order dated 14.05.2020 shall remain stayed till further order.

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

(Suresh Chandra) (सुरेश चं ा) Information Commissioner (सूचना आयु ) दनांक/Date: 25.02.2021 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Page 3 of 4 Addresses of the parties:

Shri. Abhay Kumar Central Assistant Public information Officer, Department of Banking Supervision Reserve Bonk of lndia, Central Office World Trade Centre, Centre-1, Cuffe Parade, Colaba, Mumbai-400005.

Mr. P. Vijoyo Kumar ( First Appellate Authority) Executive Director Reserve Bonk of lndia, Central Office Building, Shahid Bhagat Singh Marg, Mumbai- 400 00].

Shri Kabir Agarwal The Managing Director & Chief Executive Officer Kotak Mahindra Bank Ltd 27 BKC, Q".27, G Block,Bandra Kurla Complex, Bandra (E), Mumbai- 400051 Page 4 of 4

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