IBBI not maintain records of insolvency petitions under other laws

This document summarizes an order from the Insolvency and Bankruptcy Board of India (IBBI) regarding an appeal filed by an individual, Amarnath K. S., under the Right to Information Act, 2005. The appellant sought information about any insolvency petitions or proceedings concerning another individual, T.G. Kannan, including case details, orders, and the name of any appointed Insolvency Professional. The Central Public Information Officer (CPIO) of the IBBI initially denied the request, stating they did not hold the information. The appellant challenged this denial, arguing the CPIO should have transferred the request to the appropriate authority. The First Appellate Authority of the IBBI examined the appeal and confirmed that while the IBBI does not maintain records related to other laws, information on individuals or companies undergoing insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 is publicly accessible. The authority directed the appellant to the National Company Law Tribunal (NCLT) website to find the requested details, effectively disposing of the appeal.

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: 19^th September 2025

Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal Registration No. ISBBI/A/E/25/000111

IN THE MATTER OF

Amarnath K S
Vs.
Central Public Information Officer
The Insolvency and Bankruptcy Board of India
7th Floor, Mayur Bhawan, Shankar Market,
Connaught Circus, New Delhi -110001

1. The Appellant has filed the present Appeal dated 20^thAugust 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).

2. In the RTI Application, the Appellant had requested for the following information: –

“(i). Whether any insolvency petition or application has been filed by or against Shri T.G. Kannan, resident of Chromepet, Chennai, before the competent authorities such as the NCLT Chennai Bench, Debt Recovery Tribunal, or under the Presidency-Town Insolvency Act / Provincial Insolvency Act / IBC 2016.

(ii) Whether any insolvency order or adjudication has been passed declaring him as insolvent/Bankrupt under applicable laws.

(iii) Kindly provide:

a. Copy of the insolvency petition or application (if filed)

b. Copy of the adjudication order or final order

c. Name and contact of the appointed Insolvency Professional, if any

d. The Insolvency Petition Number / Case Number and the Tribunal/Court name handling the matter

e. Whether the proceedings are individual insolvency or under corporate insolvency

(iii). If the matter is public and available through any online portal (such as IBBI, NCLT, eCourt), kindly provide the exact URL/link and guide me on how to download the relevant orders.”

The CPIO has replied that no such information is available with IBBI. Aggrieved with the same, the Appellant has filed the present Appeal stating that the CPIO has wrongly denied the information sought without taking recourse to Section 6(3) of the RTI Act for transfer of the RTI Application to the appropriate authority or invoking Section 5(4) of the RTI Act to seek assistance from any other officer for providing the requisite information.

3. I have carefully examined the applications, the responses of the Respondent and the Appeals 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, etc. an applicant can have access to the same under the RTI Act subject to exemptions under section 8.

4. In this regard, the information as sought by the Appellant has been dealt as under: –

5. This Appeal is, accordingly, disposed of.

Sd/-
(Kulwant Singh)
First Appellate Authority