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2016 (4) TMI 1351 - HC - Indian LawsRight to get represented by the advocates/chartered accountants at the hearing - Identification Committee of the SBI? - Wilful defaulters or not - Held that:- This Bench in its decision KINGFISHER AIRLINES LIMITED VERSUS UNION OF INDIA AND OTHERS [2016 (1) TMI 43 - BOMBAY HIGH COURT] was called upon to consider whether the United Bank of India (hereafter the UBI) was justified in refusing permission to the petitioning company to be represented by its advocates. It was held, in view of the facts pleaded in the responses to the impugned notices, that the petitioning company could claim no right to be represented by an advocate at the hearing before the GRC of the UBI. The administrative act of grant/refusal to grant must be preceded by quasi-judicial exercises. Insofar as the master circular is concerned, there is no doubt that the lender identifies a defaulting borrower who ought to be placed in the list of wilful defaulters and upon hearing the version of the defaulting borrower ultimately decides in regard to its inclusion/noninclusion in the list. Notwithstanding the requirement of the master circular regarding the requirement of compliance with natural justice, the GRC/Identification Committee of the lending bank not being authorised to take evidence cannot be said to discharge functions other than administrative - Having regard to the above, there is no question of holding in favour of representation of the petitioners before the GRC/Identification Committee by an advocate. It cannot be gainsaid that the right of an advocate to practice is not unrestricted and is subject to reasonable restrictions. Petition dismissed.
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