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“8. The process of adjudication culminating in a
person being labelled as a wilful defaulter - and the
virtual rendition of the defaulter as a pariah in the
financial and commercial world - has to be fair and
transparent. The decision finding a person to be a
wilful defaulter is justiciable. It is imperative,
therefore, that the decision be informed by reasons
for both the defaulter to be made aware of the
conduct for which he stands condemned and for the
forum sitting in judicial review over the decision to
appreciate the application of the mind to the matter
in the process of adjudication. Since the master
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https://www.mhc.tn.gov.in/judis/
circular expressly requires the preliminary committee
to cite reasons for a person to be recommended to
be branded as a wilful defaulter and since the
preliminary committee is also obliged by the circular
to furnish requisite evidence in support of its opinion,
it would defy logic that the Grievance Redressal
Committee, which is bound to consider a
representation of a would-be defaulter and also give
him a hearing, is seen to be invested with
untrammeled authority to reject the representation
on its ipse dixit without assigning any reasons
therefor.”