The First Appellate Authority of the Insolvency and Bankruptcy Board of India (IBBI) dismissed an RTI appeal challenging the adequacy of information provided regarding the change in corporate status of a company on the MCA Master Data. The appellant had sought documents evidencing the authority or requisition behind changing the status of the company from “under CIRP” to “Active.” The IBBI explained that a Change Request Form was forwarded to the MCA pursuant to a subsisting stay order passed by the National Company Law Appellate Tribunal, which had stayed the insolvency resolution process. The Appellate Authority held that under the RTI Act, access is limited to information held by or under the control of a public authority, and the CPIO had already furnished the relevant Change Request Form. Since the status change was made to implement a judicial order and no additional records were held by the IBBI, the response was found to be complete. Accordingly, the appeal was disposed of without interference.
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: 19th December 2025
Order under section 19 of the Right to Information Act, 2005 (RTI Act) in respect of
RTI Appeal Registration No. ISBBI/A/E/25/000129
IN THE MATTER OF
Piyush 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 19th November 2025, challenging the communication of the Respondent, filed under the Right to Information Act (RTI Act).
2. The Appellant had sought information pertaining to the documents (specifically Change Request Form) based upon which the change in the status of M/s KLSR Infratech Limited on the Master Data of Ministry of Corporate Affairs (MCA) was effected. The CPIO has provided a copy of the change request form as submitted by the IBBI to MCA. Aggrieved with the reply, the Appellant has filed the present appeal contending that no request for change in status can be initiated voluntarily. Accordingly, the Appellant specifically seeks production of any document evidencing a requisition made by an authorised person of the Corporate Debtor or the Interim Resolution Professional, or any order passed by a Court, pursuant to which the status of M/s KLSR Infratech Limited was changed to “Active”.
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. Upon perusal of the records of the National Company Law Appellate Tribunal (NCLAT) in Attluru SreenivASulu Reddy v. A.S. Met Corp Private Limited (Company Appeal (AT) (Ins.) No. 210/CN/2023), it is observed that the NCLAT, vide order dated 18.07.2023, stayed the insolvency resolution process in respect of the Corporate Debtor, namely M/s KLSR Infratech Limited before the NCLT, Hyderabad bench. It is further noted that the order of stay continues to remain in force and has not been vacated as on date.
5. In view of the subsisting stay granted by the Hon’ble NCLAT, a change request form was forwarded by the IBBI to the MCA. The said communication was made for the purpose of implementing the aforesaid judicial order and change the status of the CD from “under CIRP” to “Active”. Since the CPIO has furnished the change request form sought by the Appellant, it is held that the information, as held by or under the control of the public authority within the meaning of the RTI Act, has been duly provided. A copy of the NCLAT order dated 18.07.2023, whereby the CIRP proceedings were stayed, is annexed herewith.
6. In view of the aforesaid observations, the reply of the CPIO does not merit any interference.
7. The Appeal is, accordingly, disposed of.
Sd/-
(Kulwant Singh)
First Appellate Authority
Copy to:
1. Appellant, Piyush Mehta
2. CPIO, The Insolvency and Bankruptcy Board of India, 7th Floor, Mayur Bhawan, Shankar Market, Connaught Circus, New Delhi -110001.
