Rti on registrar of companies
KETAN J SHAH
(Querist) 07 May 2014
This query is : Resolved
Respected Sirs
One of my Tenants formed a PVT LTD Co without my NOC in 1990.I came to know this in 2002 when he transferred his shares to another party. Suit was filed on all. The suit was disposed off in 2004 as the Tenant was ready to settle the matter out of the court. But after filing consent terms the tenant went back on his words. In the consent terms PVT LTD co was accepted as the TEnant and the director was barred from carrying out any illegal additions/alterations, no encroachment of common areas of property, No laying of new pipe line. But terms agreed were not followed by the Tenant and Director and what ever was not allowed in consent terms was done and again a eviction suit is filed by me which is at Cross examination stage.
At the time of formation of Co the previous tenant has not taken any NOC.I visited the ROC office to inspect the documents filed at the time of registration of Co. But I did not find any paper there except the account statements of the Co. On inquiring with the office I was told that this office does not keep any document and all the papers are sent to the collectors office. In the matter of fact the collector office is responsible for maintaining the Land records and not the Co records. I think the ROC officials have been bribed by the Director of Co and all papers are taken out of the file.
I wanted to file an RTI on ROC but they didnot accept saying that RTI cannot be filed physically.It should be filed online.
Is there any law whereby I cannot file RTi on Registrar of Companies
Please advice.
Thanking you in advance.
Sankaranarayanan
(Expert) 07 May 2014
In a landmark decision of sorts in the case Sarbajit Roy vs DERC, the Central Information Commission, reaffirmed that privatized public utility authorities also fall well within the ambit of the Act, and are obligated to disclosure of information as requested by the citizen.
This means that private bodies which perform a 'public' function will come under the RTI Act
