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2014 (8) TMI 1074

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..... CGSC wtih Mr Naginder Benipal, Advocate for R- 1.   O R D E R    Issue notice.   The learned counsel for the respondents accepts notice.   The controversy involved in the present petition is whether the petitioner should be allowed to be represented by an Advocate in proceedings conducted by the respondent to determine whether the petitioner is a wilful defaulter. The .....

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..... he 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 .....

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..... ies, 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 .....

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..... e 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? .....

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