Proposal of credit sanction to Hanung Toys and Textiles Ltd is under Larger Public Interest

[momita 78]

The Bank has admitted that the loan has become an NPA and the company has not yet repaid the loan availed by it. In this matter a large amount of public fund has been advanced by the bank to M/s Hanung Toys & Textiles Ltd. The company has defaulted in repayment and the loan has become NPA, therefore, the matter is of larger public interest.

 

The Commission directed the respondent to provide certified copy of the proposal of credit sanction to M/s Hanung Toys and Textiles Ltd., after severing the personal information relating to the promoters, group or company as well as regarding the company's products,

technical know-how, etc., to the appellant.

2018-02-10-162633416.pdf

[Prasad GLN 1,580]

The appellant is a member of the forum. The decision appears peculiar to me for the following reasons.

 

1.In another petition filed by same appellant Hon. HD against Bank of Maharashtra, it was decided as follows:

The Commission agrees with the respondent’s submissions that since the matter

pertaining to the recovery is under process, any disclosure can adversely impact recovery of dues which would not be in public

interest.”

6.

Quoting this decision the above decision ruled that Certified copies of sanction letters must be provided to Appellant in larger public interest.

 

There is confusion in me as the first decision states there is no larger public interest and second decision states that there is larger public interest.

Even if it is presumed that CIC treated the first decision is not in larger public interest, as the matter is under investigation, in that decision, CIC must have considered the precedents relating to investigation must be how disclosing that information impede the progress of that investigation, instead IC felt that because the matter is under investigation, disclosure is not in larger public interest.

 

Only experts can analyze both the decisions for arriving at final point.

As of Now, this is a good decision, latest one, and any member can seek information from Public Sector Bank about sanctions made to borrowers, if the account has been classified as NPA.

There is variations in NPA also like Sub-standard, doubtful and loss assets, and Banks may provide information on loss assets (that part of NPA classified as such.

Moderators may preserve this judgment at appropriate CIC decisions in the forum.

[Prasad GLN 1,580]

In another decision by Hon IC Bhargava, in Harinder Dhingra Vs. Oriental Bank of commerce, Hon IC upheld CPIO's contention that disclosing the names of Bank  officers in Vijaya Mallaya fugitive case may endanger the lives of such officials and hence can be denied.