AIR 2016 CALCUTTA 303 ::(2018) 1 CurCC 337

Calcutta High Court

Hon'ble Judge(s): Dipankar Datta , J

(A) Advocates Act (25 of 1961) , S.30— Representation by Advocate - Proceedings to include defaulting borrower in list of wilful defaulters - Fact finding by Wilful @page-Cal304Defaulters Identification Committee of Bank - Committee cannot be regarded as 'Tribunal' - Borrowers can claim no right of representation by advocate before committee.2016 (154) DRJ 164, Held per incuriam. Banking Regulation Act (10 of 1949) , S.21— Petitioners borrowers can claim no right of representation by an advocate before the Wilful Defaulters Identification Committee of the SBI. The Grievances Redressal Committee, GRC/Identification Committee of the SBI does not wear the hat of an adjudicator upon entrustment of judicial functions to it by the State by any legislation; on the contrary, it would proceed to discharge a purely administrative function as a part of its duty envisaged in the RBI's master circular. Although the master circular may have statutory force, the same does not envisage adjudication of a dispute between a borrower and a lender by an outside authority. In the real sense, between the lender and the borrower there is no lis that as an adjudicator the GRC/Identification Committee is required to decide, lis here meaning an affirmation by one party and denial by another involving the rights and obligations of the disputing parties. The tentative dec....