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Central Information Commission

Prakash Jagdish Thakkar vs Official Liquidator, Delhi on 2 September, 2021

Author: Vanaja N Sarna

Bench: Vanaja N Sarna

                            क य सुचना आयोग
                     CENTRAL INFORMATION COMMISSION
                              बाबा गंगनाथ माग
                             Baba Gangnath Marg
                         मुिनरका,
                            नरका नई द ली -110067
                         Munirka, New Delhi-110067

                                             File No.:- CIC/OLQDH/A/2020/100900
In the matter of:
Prakash Jagdish Thakkar
                                                                   ... Appellant
                                        VS
CPIO
O/o the Official Liquidator,
High Court Of Delhi,
8th floor, Lok Nayak Bhawan,
Khan Market,
New Delhi-110003
                                                                  ...Respondent
RTI application filed on            :   01/07/2019
CPIO replied on                     :   Not on record (07/08/2019 by FAA)
First appeal filed on               :   26/08/2019
First Appellate Authority order     :   01/10/2019
Second Appeal filed on              :   28/12/2019
Date of Hearing                     :   01/09/2021
Date of Decision                    :   01/09/2021

The following were present:
Appellant: Heard over phone

Respondent: Satya Pal Singh, Dy. OL & CPIO, heard over phone Information Sought:

The appellant has sought the following information:
- Provide a list of all creditors of Lilliput Kidswear Limited (under liquidation).
Grounds for filing Second Appeal The CPIO did not provide the desired information.
1
Submissions made by Appellant and Respondent during Hearing: The appellant in second appeal stated that the required information should be provided to him; the public authority should be directed to compensate him for loss/ detriment suffered; and issue any other direction that the Commission deems fit. During the hearing, he pressed for the list of creditors as he has the list of claimants. He wanted to know whether he figures in the list of creditors.
The CPIO reiterated the reply given on 07.08.2019 and thereafter on 01.10.2019.The appellant was given the list of 65 claimants who had filed their claims pursuant to an invitation for claims through the 'Statesman' newspaper of 30.01.2018 and Dainik Jagran Hindi newpaper dated 31.01.2018.Further submisisons were sent to the Commission vide letter dated 23.08.2021, wherein, the ex-director has filed a list of claimants alongwith his statement recorded as per rules. He explained that he cannot give the list of creditors without the approval of the High Court.

Observations:

From the replies given by the respondent authority, it appears that whatever information was available has been provided to the appellant. A copy of the recent submissions dated 23.08.2021 should also be provided to the appellant, if not already given.Further, as discussed during the hearing , since seeking approval of the Court may take some time, the CPIO may check the list of creditors and confirm to the appellant if he figures in the list or not. No case was made out regarding loss suffered, therefore no action is required regarding his claim for compensation.
Decision:
Based on the records and replies given, the respondent's submissions are upheld. However, as directed above, the information regarding the appellant figuring in the list of creditors may be provided within 7 days from the date of receipt of this order. Further, if the court grants approval to provide the list of creditors the same should be provided forthwith.
The appeal is disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन. सरना) सरना सूचना आयु!) Information Commissioner (सू 2 Authenticated true copy (अिभ$मा%णत स(या)पत $ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3