Central Information Commission
File No.CIC/SM/A/2009/000531 dated 24-12-2007
Right to Information Act-2005-Under Section (19)
Dated: 3 March 2010
Name of the Appellant : Smt. Binaifer A Kapila
8th Floor, New Harileela House,
134, E Mint Road, Near GPO Fort,
Mumbai - 400 001.
Name of the Public Authority : CPIO, Bank of Baroda,
Mumbai Metro South Region,
Mumbai.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri B Gupta was present.
2. In this case, the Appellant had, in his application dated 24 December
2007, requested the CPIO for a number of information regarding the loans
sanctioned to one M/s Kapila Knit Fabrics Private Ltd. In his reply dated 23
January 2008, the CPIO provided only the copies of the guarantee letter
executed by all the three parties but refused to provide the rest of the
information by claiming exemption under Section 8(1) (d), (e) and (j) of the
Right to Information (RTI) Act. Not satisfied with this reply, she preferred an
appeal on 28 February 2008. The Appellate Authority disposed of the appeal
in his order dated in March 2008 endorsing the decision of the CPIO. It is
against this order that the Appellant has come to the CIC in second appeal.
3. The case was heard through videoconferencing. The Appellant was
not present in spite of notice. The Respondent was present in the Mumbai
studio. We heard his submissions. He argued that the information sought
concerned a third party borrower and the Appellant was only a guarantor
and, therefore, she could not be provided with the details about the loan
case of the company concerned. On our enquiry, the Respondent admitted
that the Bank had already initiated recovery proceedings against the
borrower company and the guarantor/Appellant for non-payment of the loan
CIC/SM/A/2009/000531
amount. We have held in many decisions in the past that once the Bank
initiates recovery proceedings in a loan case both against the borrower and
the guarantor, the latter cannot be treated any longer to be an unconcerned
party. We have held that, in all such cases, the guarantor has an equal right
to access details about the loan account.
4. In view of the above, we now direct the CPIO to provide to the
Appellant within 10 working days from the receipt of this order all the
details sought by her including the copy of the relevant pages of the file in
the office of the Executive Director in which the NOC proposal as mentioned
by her in item 4 of her application had been processed and the ED had
issued his orders.
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/2009/000531