The First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) disposed of an RTI appeal filed by an applicant seeking details of loans, outstanding debts, and the Resolution Professional related to Swastik Ispat Pvt. Ltd. The appellant contended that the Central Public Information Officer (CPIO) had not provided complete information. Upon review, the Authority clarified that under Sections 2(f) and 2(j) of the Right to Information Act, 2005, an applicant is entitled only to information held or controlled by a public authority. It observed that the information requested regarding loans and outstanding debts is already available on the IBBI website, and the details of the Resolution Professional had been duly provided by the CPIO. Finding no deficiency in the CPIO’s response, the Authority held that the relevant information had been shared or was publicly accessible, and accordingly, the appeal was 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: 13th November 2025
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal Registration No. ISBBI/A/E/25/000122
IN THE MATTER OF
Trilochan Mohapatra
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 19th October 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).
2. The Appellant had sought the following information pertaining to the corporate insolvency resolution process of Swastik Ispat Pvt Ltd. (CIN No: U27102OR2003PTC007161):
(i) From which banks/financial institutions has Swastik Ispat Pvt ltd taken loans?
(ii) The amount of loan taken from each bank/financial institution.
(iii) The present outstanding debt of the company as recorded in IBBI/NCLT records.
(iv)The name of the Resolution Professional (RP) or Liquidator appointed in this case along with contact details.
The CPIO Respondent has replied in the following words, “Ms. Rashmi Chhawchharia is the Resolution Professional of the Corporate Debtor. The details of Resolution Professionals can be accessed from – https://ibbi.gov.in/en/insolvency-professional .” Aggrieved with the reply, the Appellant has filed the present Appeal stating that the CPIO has failed to complete information pertaining to the corporate debtor.
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.” While the “right to information” flows from section 3 of the RTI Act, it is subject to other 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. With regard to point (i), (ii) & (iii) of the impugned RTI application, the relevant information sought by the Appellant is hosted by the IBBI at https://ibbi.gov.in/en/claims/corporate-personals . With regard to point (iv) of the impugned RTI application, the information has already been provided by the CPIO in its reply dated 14th October 2025.
5. The Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
1. Appellant, Trilochan Mohapatra
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
