2019 (8) TMI 494

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....on Act, 2005, has been preferred by Mr. Nipun Singhvi against the order of the CPIO, Dr. Anuradha Guru of the Board in RTI, bearing Registration No. ISBBI/R/2019/50031. 2. After perusal of the appeal of Mr. Nipun Singhvi, it is observed that the appellant has asked for the following information: a) Disclose the list of insolvency professionals against whom disciplinary proceeding is under process. b) If the request/application is rejected, the reasons shall be given for the same. 3. The Respondent, CPIO of the Board in reply to the RTI request of the appellant, opined as under: "Information sought is exempt under section 8(1)(h) of the RTI Act, since providing such information would impede the process of pro....

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.... application. 6. The Board by virtue of powers vested under Section 196 (f) of the Insolvency and Bankruptcy Code, 2016 (Code), conducts inspection and investigation of IPs. The whole process can be categorized into three stages namely - (i) inspection/investigation and preparation of detailed report, (ii) issuance of show-cause notice and (iii) consideration of detailed report by Disciplinary Committee (DC) of the Board and thereafter pass necessary orders as may be required for the compliance of the provisions of the Code and the regulations made thereunder. Several orders have been passed by the DC, appointed under Section 220 of the Code, disciplining errant IPs. 7. As per circular dated 23rd April, 2018 of the Board titled 'Comme....

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....rity) Rules, 2016 to the AA wherein, she has to certify that no disciplinary proceedings are pending against her with the Board. Further, the Board vide the Insolvency Professionals to act as Interim Resolution Professionals and Liquidators (Recommendation) Guidelines, 2019 dated 14th May, 2019 has prepared a common panel of IPs (valid for six months) who are clear from the disciplinary angle, for appointment as IRPs and Liquidators and shares the same with the Adjudicating Authority (AA). The AA may pick up any name from the panel for appointment of IRP or Liquidator. The panel has Bench wise list of IPs based on the registered office of the IP. It will have a validity of six months and a new Panel will replace the earlier Panel every six ....

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....IC/WB/A/2009/000750] held thus: "The prosecution proceedings have neither been finally disposed of nor has the matter been finally concluded. The supply of the requested information, other than the RC numbers of the case, will make the Appellant privy to the extremely confidential information which was meant for the exclusive use of the CBI for the purpose of prosecution. It can be sufficiently concluded that such information clearly falls well within exemption contemplated in Section 8(1)(h) given the fact that the process of "prosecution of offenders" will be impeded if that very information is provided by the CBI at this stage. Thus, the FAA was just and right in refusing to disclose the information sought by the Appellant by in....