Central Information Commission
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Website: www.cic.gov.in
Decision No.3588/IC(A)/2009
F. Nos.CIC/MA/A/2008/01547
CIC/MA/A/2008/01548
Dated, the 15th January, 2009
Name of the Appellant: Shri Rakesh Kumar Agarwal
Name of the Public Authority: O/o the Registrar of Companies, Gujarat
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Facts
:
1. The appellant was heard on 14/1/2009.
2. The appellant has submitted two separate appeals against the decisions
of the CPIO of the respondent. Both the appeals are examined together.
3. In the course of hearing, it emerged that the appellant has grievances
relating to allotment of shares by a private Company. In this context, he has
asked for certain information from the CPIO of the respondent.
4. The CPIO has stated that the information asked for are not maintained
and therefore not available. Hence, it could not be furnished. The CPIO has,
however, forwarded the application to the concerned Company for providing the
information. But, the appellant is not satisfied because his grievances have not
been redressed.
5. During the hearing, the appellant alleged irregularities in allotment of
shares to the debenture/share holders of the Company, which is identified by
him.
Decision:
6. An information, which is not available with the respondent, cannot be
furnished. The CPIO has also indicated that the information asked for could not
be accessed u/s 2(f) of the Act, as the Companies are not required to provide the
information requested by the appellant. In view of the alleged irregularities in
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“If you don’t ask, you don’t get.” – Mahatma Gandhi
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allotment of shares, the appellant is advised to submit a complaint to the
respondent, which, in turn, should examine and investigate the matter and
accordingly take appropriate action on the basis of the findings of the
investigation. The appellant is accordingly advised.
7. The appeal is thus disposed of.
Sd/-
(Prof. M.M. Ansari)
Central Information Commissioner ii
Authenticated true copy:
(M.C. Sharma)
Assistant Registrar
Name & address of Parties:
1. Shri. Rakesh Kumar Agarwal, 13/30 Mamu Bhanja Street. Aligarh – 202
001.
2. Shri. P.L. Malik, CPIO, Office of the Registrar of Companies, ROC
Bhavan, Opp. Rupal Park, Naranpura, Ahmedabad – 380 013.
3. The Appellate Authority, Office of the Registrar of Companies, ROC
Bhavan, Opp. Rupal Park, Naranpura, Ahmedabad – 380 013.
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“All men by nature desire to know.” – Aristotle
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