œÏ. ˆÅ¸. Ç¿Å. 2442/RTI-5/1707 ¹™›¸¸¿ˆÅ:14.12.2015
ShriPramodGoel,
98-Hope Apartments,
Sector 15, Part II,
Gurgaon-122001
Haryana
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With reference to your captioned application, we enclose the Order No. 1707 dated14.12.2015 passed by CPIO, the contents of which are self-explanatory.
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Order No : 1707 Dated: 14.12.2015
Applications dated 05.11.2015 of ShriPramodGoel
seeking information under Right to Information Act, 2005
This order disposes of the application of ShriPramodGoel,98-Hope Apartments, Sector 15, Part II, Gurgaon-122001, Haryana,received by the office of CPIO, SIDBI,Lucknowon November 16, 2015 The information seeker has requested to (a) provide information, the name and designation of the officer of SIDBI, who knows fully well that this property is not mortgaged and has fraudulently suppressed this material fact from the Recovery Officer (I) of DRT III, Delhi. He, in collusion with the valuer M/s. S.M. Restructuring Pvt Ltd, Delhi filed before Recovery Officer (I), DRT III, Delhi, a fabricated valuation report of the property with wrong description and which is shown to exist on III floor in Block No. 12 of the Hope Apartments without inspecting property (b) provide me the information, the provisions of any Indian law under which equity shares of any private limited company cab be redeemed by the company to make it a ‘debt’ of the company, as SIDBI has pleaded in this case OA 90/2003 before DRT III, Delhi, etc.
This is also put on record that this the 5th application of the applicant, his wife SmtVibhaGoel and another Director ShriShiv Kumar Goel of K K Organics Pvt Ltd (KKOPL). As the KKOPL defaulted in meeting the obligations under loan agreement as also under subscription agreement, legal proceedings were, inter alia, initiated for enforcement of agreement for buy back of shares. Subsequent to the decision of the DRT-III, Delhi, in O.A. No. 90 of 2003, in favour of SIDBI (Public Authority) and directing inter-alia, the information seeker to pay Rs.1,09,29,731/- to SIDBI, the above applicants are seeking the information continuously by not using the RTI Act responsibly.
On the basis of the information received from New Delhi Branch Office, the said application is disposed of as under:
- Information in respect of Sl. No. (A) of the application:
The information seeker is informed thatall the concerned officers dealing with the case are fully conversant with the case and no officer has ever fraudulently suppressed any material fact from Hon’ble DRT-III, Delhi.No information is available about the allegation of collusion by SIDBI officers, with M/s. S M Restructuring Pvt Ltd., Valuer. Information seeker is further informed all the material facts and record related to the case are on the record of the DRT-III, Delhi.
- Information in respect of Sl. No. (B) of the application:
Under the provisions of RTI Act, CPIO is duty bound to provide available information to information seeker, and under the Act CPIO is not expected to provide / give any opinion and / or justification on legality or legal enforceability of any law / circulars. Therefore, requested information is outside the purview of RTI Act. Free copy of DRT III, Delhi order dated 12.06.2015 is however, enclosed.
Contd…P/2
-2-
- Information in respect of Sl. No. (C) of the application:
No information sought by the information seeker.
- Information in respect of last para of the application:
Requested information is not available. The information seeker may, however,refer to the information provided at Sl No.( A) above.
In case, information seeker is not satisfied with the reply, he may file an appeal to the Appellate Authority i.e. ShriShailendraMahalwar, Chief General Manager [Legal], Small Industries Development Bank of India, SME Development Centre, Plot No.C-11,G-Block, BandraKurla Complex, Bandra(E), Mumbai-400051 Authority within 30 days of the receipt of this Order.
Contact details of the First Appellate Authority are also available at Bank’s website
[U.S.Lal]
General Manager (Legal) &
Central Public Information Officer
Small Industries Development Bank of India
Head Ofice, 15, Ashok Marg, Lucknow-226001