HO. No. 2541/RTI-5/1397 Dated :15/01//2015
Smt.HarveenKharbanda,
Rachna House,
Friends Colony
Opp. South City
Delhi Road,
Saharanpur-247001
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With reference to your captioned application, we enclose herewith the Order No. 1397dated 15/01//2015passed by CPIO, the contents of which are self-explanatory.
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Order No : 1397 Dated: 15.01.2015
Application of SmtHarveenKharbanda
seeking information under Right to Information Act, 2005
This order disposes of the captioned application of SmtHarveenKharbanda,
RachnaHouse,FriendsColony,Opp. South City,Delhi Road,Saharanpur-247001,received by the office of CPIO, SIDBI, Lucknowon December 17, 2014. The information seeker received a notice dated 18.11.2014 invoking the Guarantee dated 06.05.2010 executed by them in connection with the term loan of Rs 49 lakhs sanctioned to Rainbow Board Mills Pvt Ltd (RBMPL). In this background the information seeker has desired to knowwhether she is a third party guarantor in loan given to M/S Rainbow Board Mills Pvt Ltd by SIDBI, whether the aforesaid loan granted by SIDBI is covered under CGTMSE, whether the guarantee from CGTMSE/CGFT has been invoked by SIDBI, whether bank can take or insist on third party guarantee in case loans/advances are covered under CGTMSE etc.
On the basis of the information furnished by the concerned Branch Office, the said application is disposed of as under:
- Information in respect of Sl. No. (1) of the application :
Yes. The personal guarantee of Smt. HarveenKharbanda was stipulated and obtained for the term loan sanctioned/disbursed to RBMPL. As the information seeker has already given Rs.100/- as RTI application fee,a copy of Deed of Guaranteedated May 06, 2010 is enclosed without taking any additional fee.
- Information in respect of Sl. No. (2) of the application :
Yes.The loan of RBMPL was covered under CGTMSE guarantee. The one time guarantee fee was duly paid to CGTMSE. Further, the Annual Subscription Fee (ASF) was also paid to CGTMSE for the years FY 2011 & FY 2012.
- Information in respect of Sl. No. (3) of the application :
The information seeker is informed that SIDBI has not yet invoked CGTMSE guarantee. As Third Party Guarantee was obtained in the case, CGTMSE had advised that the claim was not maintainable and hence not claimed.
- Information in respect of Sl. No. (4) of the application :
The information seeker is informed that Banks can take any guarantee for its loans, but as per extant guidelines, if third party guarantee is obtained, CGTMSE cover would become invalid.
- Information in respect of Sl. No. (5) of the application :
The information seeker is informed that as no collateral was being offered in the case, CGTMSE cover was considered and taken. No reason has been given as to why personal guarantee of promoters-directors was taken.
- Information in respect of Sl. No. (6) of the application :
The information seeker is informed that Deed of hypothecation dated May 06, 2010 was executed by ShriJasbir Singh Kharbanda in the capacity of Director, RBMPL.
- Information in respect of Sl. No. (7) of the application :
Acopy of the Board Resolution is attached herewith.
- Information in respect of Sl. No. (8) of the application :
The information seeker is informed that the Deed of Hypothecation and Loan Agreement bears the common seal of the company. These documents do not carry the rubber stamping.
The details of the First Appellate Authority are given below and are also available at Bank’s website
1. Name of the Appellate Authority: ShriShailendraMahalwar
Chief General Manager [Legal]
2. Address of the
Appellate Authority: Small Industries Development Bank of India SME Development Centre, Plot No.-C-11, G- Block, BandraKurla Complex,
Bandra (East) Mumbai- 400 051
An appeal may be filed by the information seeker, if aggrieved against this Order before the First Appellate Authority within 30 days from the date of receipt of this Order.
[U.S.Lal]
General Manager (Legal) &
Central Public Information Officer
Small Industries Development Bank of India
Head Ofice, 15, Ashok Marg, Lucknow-226001