Insolvency and Bankruptcy Board of India (IBBI), through its First Appellate Authority, issued an order on 25 September 2025 under section 19 of the Right to Information Act, 2005, in Appeal No. ISBBI/A/E/25/000112 filed by Ms. Manisha Mehta. The appellant had challenged the reply given by the Central Public Information Officer (CPIO) concerning her RTI request. She had sought information about the status of a complaint filed against Mr. Gaurang Shah, Resolution Professional of Perfect Infraengineers Ltd., and M/s Waterfall Insolvency Professionals Pvt. Ltd., an Insolvency Professional Entity. The CPIO had informed her that the complaint was under examination by IBBI. Dissatisfied, the appellant claimed denial of information and filed the appeal. After reviewing the submissions, the Appellate Authority clarified that “information” under section 2(f) of the RTI Act includes any record, data, or document held by a public authority, subject to section 8 exemptions. While the appellant’s right to seek information under section 3 of the Act is recognized, the authority emphasized that only information available with or under the control of IBBI can be shared. It was noted that the examination of the complaint against the resolution professional and the insolvency entity has since been completed, and the complaint was closed. The IBBI had also communicated the closure and the reasons to the complainant through an email dated 17 September 2025. With this disclosure, the appeal was considered resolved and accordingly disposed of by the Appellate Authority.
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: 25th 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/25/000112
IN THE MATTER OF
Manisha Mehta
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 28th August 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).
2. In the RTI Application, the Appellant had sought information on the status of complaint filed against the Mr. Gaurang Shah (Resolution Professional to the Corporate Debtor – Perfect Infraengineers Ltd) and M/s Waterfall Insolvency Professionals Pvt. Ltd (Insolvency Professional Entity). The CPIO has replied that the complaint is currently under examination by IBBI. Aggrieved with the reply, the Appellant has filed the present Appeal stating that the CPIO has wrongly denied the information sought.
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, an applicant can have access to the same under the RTI Act subject to exemptions under section 8.
4. In this regard, it is pertinent to note that the examination of the complaint filed by the complaint has been completed, and the complaint stands closed. Accordingly, the IBBI, vide email dated 17th September 2025, has intimated the complainant about the closure of the complaint along with the reasons thereof.
5. This Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
