The First Appellate Authority of the Insolvency and Bankruptcy Board of India disposed of an appeal filed under the Right to Information Act, 2005 seeking detailed information related to a corporate insolvency resolution process, including case status, tribunal details, orders, and homebuyer claims. The Central Public Information Officer had responded that the requested information was available in the public domain through the websites of National Company Law Tribunal and IBBI. The Appellate Authority held that the right to information extends only to records held or controlled by a public authority and accessible under the Act. It noted that although the response was furnished beyond the statutory 30-day timeline, the information had already been provided. The Authority advised the CPIO to adhere to timelines in future but found no grounds for further intervention and accordingly disposed 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: 22nd April 2026
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of RTI Appeal No. ISBBI/A/E/26/00014
IN THE MATTER OF
Susmit Suman
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 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. Date of admission of CIRP and case number
2. Bench of National Company Law Tribunal where the matter is pending
3. Name registration number and contact details of the Interim Resolution Professional or Resolution Professional
4. Chronological progress of the case from 3 Feb 2026 till date including major filings hearings and actions recorded
5. Present stage of the CIRP process as per records
6. Certified copy of the admission order passed by the tribunal
7. Certified copies of any subsequent orders passed in the matter till date
8. Next hearing date scheduled in the case as per available record
9. Whether any applications have been filed relating to homebuyers or execution of registry or sale deed of residential units in this CIRP
10 Status of constitution of the Committee of Creditors and date on which it was constituted if already done
11. Whether any registration or execution of sale deed for properties of Vatika Limited has been allowed or recorded during CIRP till date as per available records
12. Details of any applications petitions or complaints filed by homebuyers before the tribunal relating to registry or sale deed and copies of orders passed if available
13. Number of claims received from homebuyers and their current status as per records.”
On 07.04.2026, the CPIO has, inter-alia, replied that the information is available in the public domain, which can be accessed at the website of NCLT and IBBI. In the instant Appeal, the Appellant has reiterated the information as sought in the impugned RTI application.
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, etc. an applicant can have access to the same under the RTI Act subject to exemptions under section 8.
4. In this regard, I note that the Appellant had filed the RTI application on 25th February 2026. The deadline to dispose of the impugned RTI Application expired on 27th March 2026. However, the CPIO has furnished the reply on 7th April, 2026, which is beyond the timeline of thirty days as mandated under the RTI Act. Being CPIO of a Public Authority like IBBI, the Respondent should be sensitive to timelines and disposal of information request. I would, therefore, encourage and urge the Respondent to consider the requirements of law while dealing with information requests under the RTI Act and dispose of RTI applications within the prescribed time in future. Since the CPIO has disposed of the impugned application, the Appeal does not merit interference.
5. The Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
1. Appellant, Susmit Suman
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
