Byragoni Sreenivas Goud vs Allahabad Bank on 12 October, 2020

[Cites 4, Cited by 0]

Central Information Commission

Byragoni Sreenivas Goud vs Allahabad Bank on 12 October, 2020

1. The issues under consideration i.e. the reliefs sought by the complainant in his complaint dated 03.10.2018 due to alleged non-supply of information vide his RTI application dated 02.08.2018 are as under:

Take necessary action against the CPIO as per section 20 of the RTI Act.

2. Succinctly facts of the case are that the complainant filed an RTI application dated 02.08.2018, under the Right to Information Act, 2005 (RTI Act) before the CPIO, Allahabad Bank (now Indian Bank), Industrial Finance Branch, Fort, Mumbai, seeking inter alia the following information: -

Page 1 of 5

(i) Provide complete information on the grounds which made Allahabad bank to disburse a secured loan of Rs. 335.5 crore, Rs. 335.5 crore, Rs. 156.06 crore, Rs.

280 crore and Rs. 50 crore to KSL & Industries Ltd, banks half yearly inspection reports with assets mortgage details and corporate guarantee provided according to reports as submitted online Form 8 in MCA.

(ii) The charge Records available with MCA of M/s KSL & industries Ltd. charged modified on 20.3.2006 vide SRN no. A00687780, charged id no. 10002930 charge holder of Allahabad bank, industrial finance branch in amounting of Rs. 50 crores the company has mentioned in charge document, nature and description of modifying the charge is deed of simple mortgage, Company's immovable property viz., Land and Building situated at Nagpur is now reconfirmed and registered to secure TL Facility of Rs. 50 crore on pari passu basis with Indian Overseas Bank for their limit of Rs. 75 crore, please provide if any letter/agreement/ any supporting documentary evidence regarding pari passu basis between Allahabad Bank and Indian Overseas Bank which is attached to charged document.

(iii) The charge records available with MCA of KSL & Industries Ltd. charge created on 07.02.2006, modified on 29.06.2006 and secured loan was satisfied on 20.02.2007 vide SRN no. A10603215, charged ID-80008106, charge holder of Allahabad Bank Industrial finance branch an amounting to Rs. 1000000000/-. The company has mentioned in charge document particulars of property charged modifying the charge is additionally secured by mortgage property at plot no. A- 354, Dombivali Ind Area, Dist. Thane.

Please provide the property documentary evidence and agreement regarding the property modifying the charge for which additionally secured property at plot no. A-354, Dombivali Ind Area, Dist. Thane as mortgage mentioned in the charge document.

(iv) Complete information on if any impounding of Passport procedures taken by the concerned department on Shri Pravin Kumar Ramprathap Tayal and his Page 2 of 5 accompanies in wake of Vijay Mallya and latest Nirav Modi running away from India issue.

(v) Complete information on any attachment of properties of willful defaulter Shri Pravin Kumar Ramprathap Tayal and his accompanies under SARFAESI Act, 2002.

(vi) Complete information of list of the companies on the secured loans provided by Allahabad Bank or as part of consortium of Banks to Tayal Group of Companies other than KSL & IND Ltd.

(vii) Any other related information.

(viii) File noting on the movement of this RTI Application.

2. The CPIO did not reply to the RTI application. Aggrieved by this, the complainant filed complaint dated 03.10.2018, before this Commission.

3. The complainant has filed a complaint dated 27.03.2017 inter alia on the ground that no response was received from the respondent.

4. The CPIO did not reply to the RTI application.

5. The complainant attended the hearing through audio conference and on behalf of the respondent, Shri Jitender Kaswan, Chief Manager, Indian Bank (formerly Allahabad Bank), Bandra attended the hearing through video conference.

5.1. The complainant submitted that he filed an RTI application seeking information relating to loan account of M/s KSL & Industries Ltd. However, more than two and half year had elapsed and no response was received from the respondent. Hence, he requested to impose maximum penalty on the concerned CPIO for not responding to the RTI application within the stipulated time period.

5.2. The respondent submitted that no RTI application was received by them, hence, they could not respondent to the RTI application.

Page 3 of 5

6. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observed that no reply to the RTI application was given by the respondent even after lapse of around two and half year from the date of filing of this RTI application. The respondent during the hearing claimed that no RTI application was received by them. It is noted that the complainant had enclosed a copy of postal receipt by which he had sent the RTI application to the respondent's Industrial Finance Branch, Fort, Mumbai. It may not be out of place to mention that the presumption is always in favour of the fact that the letter which is posted to the addressee is received by the addressee, if not returned back. Hence, submissions made by the respondent are not sustainable in the eyes of law. In view of this, the Registry of this Bench is directed to issue a Show Cause notice to Shri Satish Kumar, the then CPIO and Shri S S P Roy, the present CPIO, Indian Bank (erstwhile Allahabad Bank), Zonal Office, Cuffe Parade, Mumbai, as to why action under Section 20(1) of the RTI Act should not be initiated against each of them for not responding to the RTI application. The present CPIO is given a responsibility to serve a copy of this order as well as show-cause notice to the then CPIO and secure his written explanations. All the written explanations (from both the CPIOs) must reach the Commission within three weeks.

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

Sd/-

(Suresh Chandra) (सुरेश चं ा) ा) Information Commissioner (सूचना आयु ) दनांक/Date:12.10.2020 Authenticated true copy R. Sitarama Murthy (आर. सीताराम मूत ) Page 4 of 5 Dy. Registrar (उप पंजीयक) 011-26181927(०११-२६१८१९२७) Addresses of the parties:

CPIO :

INDIAN BANK Zonal Office, 18th Floor, Maker Towers 'F' CuffeParade, Mumbai - 400005 (EARLIER ALLAHABADBANK) THE F.A.A., INDIAN BANK Zonal Office, 18th Floor, Maker Towers 'F' CuffeParade, Mumbai - 400005 BYRAGONI SREENIVAS GOUD Page 5 of 5

Unlock Advanced Research with PRISMAI

Central Information Commission