Central Information Commission
File No.CIC/SM/A/2009/000748 dated 06082008
Right to Information Act2005Under Section (19)
Dated: 28 May 2010
Name of the Appellant : Shri Ashwini Arora
340/46, Amrit Steel Compound,
Friends Colony INDL,
Area G T Road, Delhi - 110 095.
Name of the Public Authority : CPIO, Oriental Bank of Commerce,
Regional Office, Delhi 8/1,
Anbdul Aziz Road,
Karol Bagh, Delhi - 110 095.
The hearing was held on 29 March 2010.
2. In this case, the Appellant had, in his application dated 6 August 2008,
requested the CPIO for a number of information regarding the acquisition of the
account of M/s Kumar Aluminium Ltd by the ARCIL with effect from 30 June
2008. In his reply dated 10 September 2008, the CPIO declined the information
claiming it to be in the nature of commercial confidence and as exempt from
disclosure under Section 8(1) (d) of the Right to Information (RTI) Act. Not
satisfied with this reply, the Appellant had preferred an appeal on 1 October
2008. The Appellate Authority disposed of the appeal in this order dated 1
CIC/SM/A/2009/000748
November 2008 in which he endorsed the decision of the CPIO. Consequently,
the Appellant has come before the CIC in second appeal.
3. This case had been heard on 29 March 2010. Both the parties were
present during the hearing and made their submissions. The Respondents
submitted that the bank had sold a basket of nonperforming accounts to the
ARCIL for an aggregate consideration and it would not be possible to assign
any value of each account in the basket. They also objected to the disclosure of
any information regarding the transaction with the ARCIL claiming that it was a
commercial transaction made in confidence and disclosure of any information
might adversely affect the competitive position of the ARCIL. The Appellant
however argued that since the entire transaction had been made in respect of
the accounts of the company of which he was the authorised signatory, he had
a right to know about the transaction.
4. After carefully considering the submissions made by both the parties, we
are of the view that it would be absolutely proper and within the limits of the law
if the CPIO would provide to the Appellant information against his first and third
queries which are purely factual in nature. Therefore, we direct the CPIO to
provide to the Appellant within 10 working days from the receipt of this order (a)
the information on whether all the accounts of the company have been acquired
CIC/SM/A/2009/000748
by the ARCIL and (b) a copy of the assignment deed/memorandum of
understanding between the bank and the ARCIL strictly limited to the
transactions in respect of the accounts of the company represented by the
Appellant only. If the said assignment deed/memorandum of understanding
contains any reference or detail about any other accounts, those may be
severed before providing the copy of the document to the Appellant. However, if
for any reason, it is impossible to segregate the details of the accounts of the
Appellant from any other accounts mentioned in the said document, the CPIO
shall clearly say so in his reply.
5. With the above direction, the appeal is disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
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.
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/000748