Punjab National Bank and Ors. v. Kingfisher Airlines Limited and Ors. - (High Court of Delhi) (17 Dec 2015)

Kingfisher Airlines to be represented by legal counsel before GRC

MANU/DE/4118/2015

Banking

A borrower appearing before a Grievance Redressal Committee has the right to be represented by an advocate, the Delhi High Court has held. Proceedings before the High Court were instituted by Punjab National Bank after Kingfisher Airlines was represented by a senior advocate at hearings to determine if the airline was to be classified a willful defaulter. The High Court, mindful of the ramifications of being labeled a willful defaulter, noted that preventing the borrower from being represented by counsel of its choosing could amount to a denial of natural justice. It equated the Grievance Redressal Committee to a quasi-judicial forum, akin to a Tribunal, having been constituted by Master Circular of the Reserve Bank of India.

Relevant : Gujarat Steel Tubes Ltd. v. Gujarat Steel Tubes Mazdoor Sabha MANU/SC/0369/1979 Dyes and Chemicals Ltd. v. Ram Naresh Tripathi MANU/SC/0823/1993

Tags : KINGFISHER WILLFUL DEFAULTER GRC ADVOCATE