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TMI Blog2020 (8) TMI 951X X X X Extracts X X X X X X X X Extracts X X X X ..... or tomorrow. The petitioner may appear before the Wilful Defaulter Identification Committee and is free to raise all the submissions raised herein before the said Committee. At this stage, learned senior counsel for the petitioner states that the time to prepare for the personal hearing is very short as the hearing is to be held tomorrow - Liberty is granted to the petitioner to appear before the Wilful Defaulter Identification Committee and make a request for a short adjournment to an appropriate date which is suitable to the said Committee. In case such a request is made, the Committee is requested to consider the same favourably. Keeping into account the facts and circumstances of the case, especially, the fact that on the same facts mul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was disposed of on 28.07.2016 with a direction to respondent No. 1 to afford an opportunity of hearing to the petitioner before a final decision is taken. Subsequently, various show cause notices have also been issued. It is also the case of the petitioner that NCLT on 20.09.2018, has initiated liquidation proceedings against the Company in question and Mr. Anil Kohli has been appointed as a Liquidator. CBI has also registered an FIR against the Company and its directors including the petitioner in 2019. ED has also initiated proceedings accordingly. The petitioner was also arrested by ED. On 20.11.2019, respondent No. 1 issued a notice for personal hearing before the Wilful Defaulter Identification Committee. 3. Now, the impugned notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11923/2016 dated 20.12.2016. It is also pleaded that in these peculiar facts and circumstances and also keeping into account that on the same set of facts, criminal proceedings and civil proceedings have been initiated against the petitioner, it would be in the interest of justice that without prejudice to the fact that the notice itself is liable to be stayed, the petitioner should be allowed to be represented through a counsel. 6. Learned counsel for the respondent has opposed this petition. It has been pointed out that the petitioner has an alternate remedy of challenging the decision of the Wilful Defaulter Identification Committee before the Review Committee. Further, reliance is also placed on the judgment of the Supreme Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.12.2016 had passed the following directions:- xxx CM No. 47030/2016 (stay) 1. Notice. Counsel for the respondent accepts notice. She seeks sand is granted three weeks time to file a reply, with an advance copy to the other side, who may file a rejoinder thereto two weeks thereafter. 2. Dr. Singhvi, learned Senior Advocate appearing for the petitioner requests that the order, if any, that may be passed by the respondent/Bank pursuant to passing the impugned order dated 1.12.2016, may not be placed in public domain. 3. Ms. Bajaj, learned counsel for the respondent Bank states that till the next date of hearing, the respondent Bank shall not make public any subsequent order passed by it against the petitioner pursuant to the impugned order d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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