KINGFISHER AIRLINES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Issue notice. The learned counsel for the respondents accepts notice.

(2.) 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 petitioner further prays that the respondent may be directed to supply copies of documents, which are sought to be relied upon by the respondent for holding the petitioner as a wilful defaulter.

(3.) The learned counsel for the respondent submits that the Committee that has been constituted to consider the issue whether the petitioner is a wilful defaulter consists of Executive Director, Chairman, Managing Director and a General Manager. He states that none of the members of the said Committee is law graduate and, therefore, the petitioner should not be permitted a representation by an advocate. The learned counsel further submits that in addition to the petitioner the respondent is also proceeding against 81 other borrowers for declaring them as wilful defaulter. He submits that if the defaulting borrowers are permitted to be represented by advocates, the Committee would be severely impeded in disposing of those cases.