The appeal was filed under Section 19 of the Right to Information Act, 2005 before the First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI), challenging the response of the Central Public Information Officer (CPIO). The appellant had sought proof of payment for a specified debt reference and a detailed Credit Facility Report between identified parties for a defined period, relying on information associated with NeSL. The CPIO responded that the requested information was not available with the Board. The appellant contended that since NeSL operates under the regulatory supervision of IBBI, the information should be accessible through the Board. Upon examination, the Authority referred to Sections 2(f) and 2(j) of the RTI Act, which restrict access to information held or controlled by a public authority. It was concluded that the requested information was not maintained by IBBI, and therefore could not be disclosed. The appeal was accordingly disposed of.
BEFORE THE EXECUTIVE DIRECTOR AND FIRST APPELLATE AUTHORITY
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
Dated: 10th April 2026
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI
Appeal No. ISBBI/A/E/26/00013
IN THE MATTER OF
Karuppiah Kathiresan
…Appellant
Vs.
Central Public Information Officer
The Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001
… Respondent
1. The Appellant has filed the present Appeal dated 16th March 2026, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).
2. In the impugned RTI Application, the Appellant has sought the following details: –
“1. As per NeSL, kindly share the Proof of payment for Debt reference no: 512120020011601
2. As per NeSL, kindly share the detailed Credit Facility Report (CFR) between creditor (PAN AAACC1287E) and debtor (PAN AAIFG3655P), for the period from 01.01.2017 to23.01.2026.”
The CPIO has replied that the information is not available with the Board. Aggrieved with the reply, the Appellant has filed the present Appeal stating that since NeSL operates under the regulatory supervision of the Board under the IBBI (Information Utilities) Regulations, 2017, the information is maintained by the Board and should furnish the same accordingly. Moreover, the Appellant submits that the information sought pertains to a transaction in which it is the debtor.
3. I have carefully examined the application, the response of the Respondent and the instant Appeal and find that the matter can be decided based on the material available on record. In terms of section 2(f) of the RTI Act ‘information’ means “any material in any form, including records, documents, memos e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.” It is pertinent to mention here that the Appellant’s “right to information’ flows from section 3 of the RTI Act and the said right is subject to the provisions of the Act. Section 2(j) of the RTI Act defines the “right to information” in term of information accessible under the Act which is held by or is under the control of a public authority. Thus, if the public authority holds any information in the form of data, statistics, abstracts, an applicant can have access to the same under the RTI Act subject to exemptions under section 8.
4. It is pertinent to note that the information, as sought by the Appellant, is not maintained by the Board.
5. The Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
1. Appellant, Karuppiah Kathiresan
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
