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2014 (8) TMI 1074 - HC - Companies LawRepresentation by an Advocate in proceedings conducted to determine whether the petitioner is a wilful defaulter - Held that:- The idea of preventing adequate representation to the affected parties, for such disposal is unacceptable. The right to be represented by a legal advocate is not an integral part of natural justice and it is not necessary that in all cases before domestic forums, representation through a legal practitioner should be permitted. However, the courts have always leaned towards allowing representation through legal practitioners to obviate any handicap that the person may feel in representing his case. In cases where 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 of the Constitution of India.There is no justifiable reason why the same should be departed from in the present case.
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