Appeal No. 3912 of 2020 filed by L C Gupta

Last updated: 12 October 2020

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This document details Appeal No. 3912 of 2020 filed by L C Gupta against the Central Public Information Officer (CPIO) of SEBI. Mr. Gupta sought various documents and information related to a complaint lodged on August 19, 2019, concerning alleged scandals in the removal of a statutory auditor for HSCC(I) Ltd. The appeal reviews the application, SEBI's response, and the appellant's subsequent appeal against that response.

Court :
SEBI

Brief :
The appellant had filed an application dated June 27, 2020 (received by SEBI on July 09, 2020), under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated July 30, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 08, 2020 (received by the Office of Appellate Authority on September 17, 2020), against the said response dated July 30, 2020. I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record.

Citation :
Appeal No. 3912 of 2020

Appeal No. 3912 of 2020
BEFORE THE APPELLATE AUTHORITY
(Under the Right to Information Act, 2005)
SECURITIES AND EXCHANGE BOARD OF INDIA
Appeal No. 3912 of 2020

L C Gupta : Appellant

Vs.

CPIO, SEBI, Mumbai : Respondent

ORDER

1. The appellant had filed an application dated June 27, 2020 (received by SEBI on July 09, 2020), under the Right to Information Act, 2005 (“RTI Act”). The respondent, by a letter dated July 30, 2020, responded to the application filed by the appellant. The appellant filed an appeal dated September 08, 2020 (received by the Office of Appellate Authority on September 17, 2020), against the said response dated July 30, 2020. I have carefully considered the application, the response and the appeal and find that the matter can be decided based on the material available on record.

2. Queries in the application –The appellant, vide his application dated June 27, 2020, inter alia sought the following information:

A. Copy of receipt of letter 19.08.2019 having ref. no. LCK/C&AG/2019-139/285/10C of complaint against NBCC Ltd. & M L Puri & Co. chartered accountants (auditor) for f/y 2018-19 of scandal in removal of statutory auditor LC Kailash and Associates from auditorship of HSCC(I) Ltd. f/y 2018-19 (100% Subsidiary of holding company- NBCC Ltd. on NSE & BSE)

B. Copy of file notings and proceedings in the above complaint dated 19/08/2020.

C. Copy of action taken on a complaint ref. no. LCK/C&AG/2019-139/285/10C.

D. Has SEBI, based on our letter as stated above, filed an application under Rule 76A of NCLT Rule -2016 in form no. NCLT-9 for reopening of books of accounts and for recasting of Financial Statements of HSCC(I) Ltd. and NBCC(I) Ltd. under Section 130 of the Act.

E. Copy of application filed under Rule 76A of NCLT and current status of the application.

To know more in details find the attachment file

FAQ :

The appeal was filed by L C Gupta (Appellant) against the CPIO, SEBI, Mumbai (Respondent).

The original RTI application was filed by the appellant on June 27, 2020.

The appellant sought copies of a complaint letter dated August 19, 2019, related to NBCC Ltd. and its auditor, file notings, action taken on the complaint, and details on whether SEBI filed an application under NCLT rules for reopening accounts of HSCC(I) Ltd. and NBCC(I) Ltd.

The appeal was filed on September 08, 2020.

The complaint concerns a scandal in the removal of the statutory auditor for HSCC(I) Ltd. for the financial year 2018-19.