Legal representation in wilful defaulter proceedings is not automatic; refusal stands absent prejudice or failure of justice.
In wilful defaulter proceedings before a bank's Grievance Redressal Committee, legal representation by an advocate is not available as of right and depends on the applicable framework and the facts. The protections applicable to a departmental enquiry against an employee do not automatically extend to a borrower in this setting. As the company showed no failure of justice or prejudice, and could answer the factual issues through its officers or personnel, refusal of advocate representation caused no interference-worthy irregularity. The challenge to the denial of legal representation therefore failed, and the Committee proceedings were permitted to continue according to law.
Issues: Whether the petitioning company was entitled to be represented by an advocate before the bank's Grievance Redressal Committee in proceedings to determine wilful default.
Analysis: Legal representation is not available as of right in such proceedings. The entitlement depends on the applicable framework and the facts of the case. The considerations governing representation in a departmental enquiry against an employee do not automatically apply to a borrower facing wilful defaulter proceedings. The Committee was concerned with whether the default was wilful, and the petitioning company had not shown any failure of justice warranting legal representation. The company was not shown to be unable to answer the factual questions arising before the Committee through its officers or company personnel.
Conclusion: The petitioning company had no enforceable right to advocate representation before the Committee, and the refusal of such permission did not warrant interference.
Final Conclusion: The challenge to the refusal of legal representation failed, and the proceedings before the Committee were left to continue in accordance with law.
Ratio Decidendi: In proceedings to determine wilful default, legal representation is not a matter of right and may be denied where no prejudice or failure of justice is shown.
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