Central Information Commission
Mr.C P Paul vs Ministry Of Corporate Affairs on 18 June, 2013
Central Information Commission
Room No. 305 BWing, August Kranti Bhawan,
Bhikaji Kama Place, New Delhi - 110066
Tel No: 26167931
Case No. CIC/SS/A/2012/002867
No. CIC/SS/A/2012/003349
Dated: 18.6.2013
Name of the Appellant : Shri C.P. Paul
(The Appellant was not present)
Name of the Public Authority : O/o the Official Liquidator,
High Court, Madras.
Represented by Shri Ramakrishnan, FAA
& Shri Ramesh, CPIO.
Matter was heard through Video
Conference.
The matter was heard on : 6.6.2013
ORDER
The appellant has filed two appeals in respect of one RTI application dated 23.11.2011 therefore the two cases are being disposed through a single order.
Shri C.P. Paul, the appellant through his RTI application dated 23.11.2011 sought information in respect of M/s Silcal Metallurgic Ltd. in CP No. 141/1999 requiring complete details of proceedings and action initiated in the matter of M/s Silcal Metallurgic Ltd. in CP No. 141/1999 and follow up action initiated by the official liquidator including name of debtors and transactions regarding details of debtor's, status of each Director, proceedings, outstanding claims and details of other claimants etc. The CPIO informed the appellant, vide letter dated 28.12.2011 that since the information requested was voluminous, the appellant could visit their office on any working day during office hours to inspect the files and collect the copies of documents required after remitting requisite fee, as per the provisions of the RTI Act. The respondent state that the said company in liquidation was ordered winding up by the Hon'ble High Court Madras, vide its orders dated 11.12.2006 and 24.11.2006 in C.P.No.144/91 and appointed the Official Liquidator as Liquidator of the company with directions to take over all the assets and effects of the company.
The appellant preferred an appeal against the order of the CPIO before the First Appellate Authority (FAA) on 7.1.2012. The FAA directed the CPIO to issue 85 pages of documents to the appellant after collecting requisite fee of Rs.170/- (@ Rs. 2/- per page). In response to the order of FAA, the appellant vide his letter dated Nil, received in the office of respondent on 6.2.2012, enclosed D.D. of Rs.200/- instead of Rs. 170/-. It is the contention of the respondent that this was done with the intention to ensure issuance of copies of "Valuation Report" received from M/s. ITCOT for the assets and effects of M/s Silical Metallurgic Ltd. The CPIO, however, sent 85 pages of documents vide letter dated 24.2.2012. It is submitted by the FAA that the balance amount of Rs.30/- lying with credit of the public authority is being returned to the appellant. The FAA, in this regard drawn the attention of the Commission's decision in case No. CIC/SS/A/2012/001519 dated 5.9.2012 wherein it was held that "Valuation Report maintained in the office of the Official Liquidator is commercial secret document" in terms of section 8(1)(d) of the RTI Act, 2005. Therefore, the FAA submits that the appellant's appeal preferred for obtaining copy of Valuation Report may be dismissed. In its decision (case No. CIC/SS/A/2012/001519 dated 5.9.2012), the Commission held that the respondent have no disclosure obligation with respect to the Valuation report which include information in the nature of commercial confidence and the respondent has not established any larger public interest for its disclosure.
Consistent with the decision taken by the Commission in case No. CIC/SS/A/2012/001519 dated 5.9.2012 the respondent have no disclosure obligation with respect to the Valuation Report which is exempted from disclosure in terms of section 8(1)(d) of the RTI Act, 2005.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri C.P. Paul, Paulson Park Hotel, Kochi (Kerala) - 682016.
2. The Deputy Official Liquidator & P.I.O. (RTI), Ministry of Corporate Affairs, Corporate Bhawan, Second Floor, 29, Rajaji Salai, Chennai - 600001.
3. The Official Liquidator & F.A.A(RTI), Ministry of Corporate Affairs, Corporate Bhawan, Second Floor, 29, Rajaji Salai, Chennai - 600001.