9911796707
TMI Blog2014 (8) TMI 1074X X X X Extracts X X X X X X X X Extracts X X X X ..... adverse decision would have serious civil and pecuniary consequences, denial of representation through a legal practitioner may in given facts be violative of natural justice. Indisputably, the consequences of holding the petitioner as a wilful defaulter would be serious for the petitioner and the petitioner ought to be afforded adequate opportunity to present its perspective on the issue. In view, in the given facts of the case, the prayer for the petitioner to be represented by an Advocate is liable to be allowed. The material that is relied upon by any authority in arriving at a decision must be made available to the affected party. This is an integral part of the principles of natural justice that are enshrined in Article 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claring them as wilful defaulter. He submits that if the defaulting borrowers are permitted to be represented by Advocates, the Committee would be severely impeded in disposing of those cases. I have heard the learned counsel for the parties. At the outset, the contention that since the Committee is not constituted by Law Graduates, the petitioner should be deprived of a representation through an advocate is not acceptable. It is settled law that in a case where a person is pitted against legally trained mind, denial of representation through a legal presentation would violate an essential principle of natural justice. This does not necessarily imply that where the adjudicating authority is not legally trained representation through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also trite law that the material that is relied upon by any authority in arriving at a decision must be made available to the affected party. This is an integral part of the principles of natural justice that are enshrined in Article 14 of the Constitution of India. There is no justifiable reason why the same should be departed from in the present case. The apprehension expressed by the learned counsel for the respondent that the petitioner is only seeking to delay the proceedings, can be allayed by fixing timelines. Accordingly, it is directed that the respondent shall provide the petitioner?s with copies of all documents that are relied upon by the respondent, if not already provided within a period of one week from today. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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