TMI Blog2018 (1) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... en taking it for granted that such statement is not filed, still it is always open to both parties, to adduce evidence, in Debts Recovery Tribunal, Bangalore, in support of their rival contentions. Public money to the tune of ₹ 21,76,42,758.42 is involved. Action of DRAT, Chennai in directing DRT, Bangalore, to dismiss original application, for non-submission of statement of accounts to the Tribunal, cannot be approved. When huge public money is involved, DRAT, Chennai, ought to have directed, DRT, Bangalore, to proceed with the matter, on merits. Going through the order impugned, it could be deduced that for the alleged non-accounting of the insurance amount, DRAT, Chennai, condemned the bank, ordered cost, in case of failure of submission of statement of accounts within three days and also gone to the extent of directing dismissal of O.A.. DRAT, Chennai and thus, committed a patent and grave error, which cannot be remedied and rectified, by review, as the order made in M.A. No.131/2013 dated 11.03.2015, has already been given effect to, by DRT, Bangalore. When violation of principles of natural justice is per se apparent on the face of record, High Court, while exercisin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 'N' to this Application. ( ii) The immovable properties of the 2nd defendant at Southegowdana village and Gokere village, Bangalore District, in Karnataka (as more particularly described in Annexure 'F-1' to this Application) are legally and validly mortgaged in favour of the Applicant and that the Applicant is entitled to enforce the same. ( iii) The immovable properties of the 1st defendant situate at Plot No.21/B KIADB Industrial Area, Phase II, Survey No.97 of Kumbalgodu Village, Bangalore and Plot No.222/14, 5th Main Corner, Bellary Road, Sadashivnagar, Bangalore - 560 080, both in the State of Karnataka, (as more particularly described in Annexure 'C- 1' hereto) and also at Survey Nos.523/1B and 524/2, Athiyur Village, Tirupattur, Vellore District, in the State of Tamil Nadu (as more particularly described in Annexure 'D-1' hereto), are legally and validly mortaged in favour of the Applicant and that the Applicant is entitled to enforce the same. ( c) (i) this Hon'ble Tribunal be pleased to order attachment and sale of the immovable properties of the 1st defendant described in Annexure 'C-1' and 'D-1' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereof. ( ii) the 1st defendant's immovable properties at Kumbalgodu village and Sadashivnagar in Bangalore (as briefly described in Annexure 'C-1' to this application), or any part thereof. ( iii) The immovable property of the 1st defendant in Tamil Nadu as described in Annexure 'D-1' to this Application. ( iv) the immovable properties of the 2nd defendant at Southegowdana village and Gokere village in Bangalore (as briefly described in Annexure 'F-1' to this application), which are exclusively mortgaged in favour of applicant, or any part thereof ( g) for costs 3. Respondents have filed I.A. No.1408 of 2013 in O.A. No.326 of 2002, for a direction to Export and Import Bank of India, to furnish details of the monies realised by them on account of defendants/respondents with supportive statements and accounts. 4. By filing a counter affidavit, Export and Import Bank of India, has opposed the prayer sought for. 5. Adverting to the rival contentions, Debts Recovery Tribunal, Bangalore, vide order dated 06.11.2013, dismissed I.A. No.1488 of 2013. Thereafter, on 24.02.2014, Edelweiss Asset Reconstruction Company, has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause of action, de hors the statement of accounts. Therefore, the order of the Debts Recovery Appellate Tribunal, Chennai directing dismissal of the OA for non filing of Statement of Accounts must be held to be only a direction issued in terroram . 8. On this day, when the matter came up for hearing, Mr.Srinath Sridevan, learned counsel for the petitioner submitted that there were two directions in the order passed by the Debts Recovery Appellate Tribunal, Chennai. One of the directions to serve the statement of accounts from the date of original application within three days to the learned counsel for the respondents has been complied with and that an e-mail has been sent. The second direction of DRAT, Chennai, is to file statement of accounts from the date of OA, should be filed in Debts Recovery Tribunal, Chennai, within 15 days from the order of DRAT, could not be complied with. 9. According to the learned counsel for the petitioner, Debts Recovery Tribunal, Bangalore, has dismissed O.A. No.326 of 2002 implicitly, against which, an appeal in R.A. (SA) No.7 of 2016 has been filed before the Debts Recovery Appellate Tribunal, Chennai. Though correctness of the order of D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the parties and perused the material on record. 12. Adverting to the contention of the learned counsel for the respondents that the insurance money received by the bank, has not been accounted for, DRAT, Chennai has observed and ordered as hereunder: After receiving the amount from the Insurance Company, the banker has suppressed the amount for the five years is highly condemnable one.. 13. On the aspect of non-furnishing the statement of accounts, Debts Recovery Appellate Tribunal, Chennai in M.A. No.131 of 2013 dated 11.03.2015, has ordered, the writ petitioner to file the statement of accounts from the date of OA and serve within three days to the learned counsel for the respondents herein. 14. DRAT, Chennai, has further ordered that in the event of failure, the respondents are at liberty to get ₹ 10,000/- towards damages and it should be deducted in the statement accounts. 15. DRAT, Chennai, has further observed that the concerned Manager has failed in his duty to file counter before the Tribunal. 16. Contention of Mr.Srinath Sridevan, learned counsel for the petitioner that within three days of the order made in M.A. No.131 of 2013 dated 11.03. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al order, DRAT, Chennai, cannot review the order made in M.A. No.131 of 2013 passed in the year 2015. 23. When jurisdiction is conferred on the Debts Recovery Tribunal to adjudicate the claim, on the basis of the rival contentions and evidence to be adduced, directing the Tribunal to dismiss the OA, on the failure to submit the statement of accounts, in our view amounts to excess of jurisdiction. The Appellate Tribunal has been called upon to decide as to whether dismissal of I.A. No.1488/2013 is correct or not? At this juncture, we deem it fit to extract the prayer, sought for in I.A. No.1448/2013 in O.A. No.326/2002 on the file of DRT, Bangalore, For the reasons stated in the accompanying affidavit, the defendants 1 to 3 in the above case, most respectfully prays that, this Hon'ble Tribunal be please to direct the Applicant Bank to furnish the details of the monies realized by them, on account of these Defendants with entire supportive Statements of Accounts and pass any other order as this Hon'ble Tribunal deems fit in this circumstances, in the interest of justice and equity. 24. De hors the procedure set out in the Debts Recovery Appellate Tribunal (Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final order is passed, by making an application to that Tribunal. ( 3) Every application under sub-section (1) or subsection (2) shall be in such form and accompanied by such documents or other evidence and by such fee as may be prescribed: Provided that the fee may be prescribed having regard to the amount of debt to be recovered: Provided further that nothing contained in this subsection relating to fee shall apply to cases transferred to the Tribunal under sub-section (1) of section 31. ( 4) On receipt of the application under sub-section (1) or sub-section (2), the Tribunal shall issue summons requiring the defendant to show cause within thirty days of the service of summons as to why the relief prayed for should not be granted. ( 5) The defendant shall, at or before the first hearing or within such time as the Tribunal may permit, present a written statement of his defence. ( 6) Where the defendant claims to set-off against the applicant s demand any ascertained sum of money legally recoverable by him from such applicant, the defendant may, at the first hearing of the application, but not afterwards unless permitted by the Tribunal, pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction of the Tribunal; or ( iii) is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest, the Tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the certificate for the recovery of the debt, or to appear and show cause why he should not furnish security. ( B) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Tribunal, the Tribunal may order the attachment of the whole or such portion of the properties claimed by the applicant as the properties secured in his favour or otherwise owned by the defendant as appears sufficient to satisfy any certificate for the recovery of debt. ( 14) The applicant shall, unless the Tribunal otherwise directs, specify the property required to be attached and the estimated value thereof. ( 15) The Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f justice. ( 21) The Tribunal shall send a copy of every order passed by it to the applicant and the defendant. ( 22) The Presiding Officer shall issue a certificate under his signature on the basis of the order of the Tribunal to the Recovery Officer for recovery of the amount of debt specified in the certificate. ( 23) Where the Tribunal, which has issued a certificate of recovery, is satisfied that the property is situated within the local limits of the jurisdiction of two or more Tribunals, it may send the copies of the certificate of recovery for execution to such other Tribunals where the property is situated: Provided that in a case where the Tribunal to which the certificate of recovery is sent for execution finds that it has no jurisdiction to comply with the certificate of recovery, it shall return the same to the Tribunal which has issued it. ( 24) The application made to the Tribunal under subsection (1) or sub-section (2) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the application finally within one hundred and eighty days from the date of receipt of the application. ( 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l very recently it was the opinion of the courts that unless the authority concerned was required by the law under which it functioned to act judicially. there was no room for the application ofthe rules of natural justice. The validity of that limitation is now questioned. If the purpose ofthe rules of natural justice is to prevent miscarriage of justice, one fails to see why those rules should be made inapplicable to administrative enquiries. It was further held in the said judgment as follows: What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the framework of the law under which the enquiry is held and the constitution of the Tribunal or body of persons appointed for that purpose. Whenever a complaint is made before a court that some principle of natural justice had been contravened, the court has to decide whether the observance of that rule was necessary for a just decision on the facts of that case. Prof. Wade in his Administrative Law has summarised the principle of natural justice as follows: It is not possible to lay down rigid rules as to when the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should appraise the party determinatively the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fair play. The concept has gained significance and shades with time. When the historic document was made at Runnymede in 1215, the first statutory recognition of this principle found its way into the Magna Carta . The classic exposition of Sir Edward Coke of natural justice requires to vocate, interrogate and adjudicate . In the celebrated case of Cooper v. Wandsworth Board of Works [(1863) 143 ER 414], the principle was thus stated: Even God d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l....The Board is in the nature of the arbitral tribunal, and a Court of law has no jurisdiction to hear appeals from the determination either upon law or upon fact. But if the Court is satisfied either that the Board have not acted judicially in the way I have described, or have not determined the question which they are required by the Act to determine, then there is a remedy by mandamus and certiorari . 13. Lord Wright also emphasized from the same decision the observation of the Lord Chancellor that the Board can obtain information in any way they think best, always giving a fair opportunity to those who are parties to the controversy for correcting or contradicting any relevant statement prejudicial to their view . To the same effect are the observations of Earl of Selbourne, LO in Spackman v. Plumstead District Board of Works (1985 (10) AC 229:54 LJMC 81), where the learned and noble Lord Chancellor observed as follows: No doubt, in the absence of special provisions as to how the person who is to decide is to proceed, law will imply no more than that the substantial requirements of justice shall not be violated. He is not a judge in the proper sense of the word ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oard of Works (1884- 85(10) App.Case 229, 240), Earl of Selbourne, S.C. preferred the phrase the substantial requirement of justice'. In Vionet v. Barrett (1885(55) LJRD 39, 41), Lord Esher, MR defined natural justice as the natural sense of what is right and wrong'. While, however, deciding Hookings v. Smethwick Local Board of Health (1890(24) QBD 712), Lord Fasher, M.R. instead of using the definition given earlier by him in Vionet's case (supra) chose to define natural justice as fundamental justice'. In Ridge v. Baldwin (1963(1) WB 569, 578), Harman LJ, in the Court of Appeal countered natural justice with fairplay in action' a phrase favoured by Bhagawati, J. in Maneka Gandhi v. Union of India (1978 (2) SCR 621). In re R.N. (An Infant) (1967(2) B617, 530), Lord Parker, CJ, preferred to describe natural justice as a duty to act fairly'. In fairmount Investments Ltd., v. Secretary to State for Environment (1976 WLR 1255) Lord Russell of Willowan somewhat picturesquely described natural justice as a fair crack of the whip' while Geoffrey Lane, LJ. In Regina v. Secretary of State for Home Affairs Ex Parte Hosenball (1977 (1) WLR 766) preferred the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reported in AIR 1952 All. 788, after hearing the history of Article 227 of the Constitution of India, the Allahabad High Court hold thus, 9. A comparison of the above provision of law with analogous provisions of law prior to the Constitution of India brings into prominence some important features of the new state of law established by the constitution. The most important feature of Article 227, Constitution of India, is that it has omitted any restriction on the power of the High Court to interfere in judicial matters, which was imposed by Sub-section (2) of Section 224, Government of India Act, 1935. In this way, it has enlarged the power of the High Court and restored the power, which was given to it under the Government of India Act, 1915. It is also significant that the words restricting the power of the superintendence of the High Courts for the time being subject to its appellate jurisdiction, a restriction which was contained not only in the Government of India Act 1935 but also in the Government of India Act, 1915, as well as in the High Court Act, 1861, are also omitted from Article 227 of the Constitution of India. The effect of this omission to my mind is to make ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alteration in this marginal note also emphasises the fact that the powers of the High Court under the Constitution extend not merely to administrative functions but embraces all functions, whether administrative or judicial. It also indicates that this power under the Constitution extends to all Courts and is not confined to subordinate Courts as indicated by the marginal note of Section 107, Government of India Act, 1915. A comparison of the draft Constitution with the enacted Constitution shows that the marginal notes were inserted under the authority of and with the knowledge of the Constituent Assembly. Under the above circumstances the view regarding the in admissibility of marginal notes expressed by the Privy Council in Balraj Kunwar v. Jagatpal Singh, 31 Ind. App. 132 (P.C.) should be taken to have undergone change both in India as well as in England vide Iswari Prasad v. N.B.Sen, 55 Cal. W. N. 719 (F.B.). Marginal notes inserted in those circumstances have been held to be admissible by a Full Bench decision of the Allahabad-High Court in Ram Saran v. Bhagwat Prasad, A.I.R. 1929 ALL. 53 (F.B.) by a Full Bench decision of the late Chief Court of Avadh in Emperor v. Mumtaz ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of a Court is not less important than its administrative function. In fact it is more necessary to rectify lapses in judicial matters than defects in administrative matters. A judicial error might affect the rights, liberty and freedom of the subject whereas an administrative error might not do so. To my mind superintendence over judicial functions is a necessary complement of superintendence over administrative functions and it is sometimes very difficult to say where the one ends and the ether begins. If the High Court is to perform this function efficiently and effectively, it must act on both sides, otherwise the very power of superintendence will be crippled and what has been achieved on the administrative side might be lost on the judicial side. 11. Clause 2 of Article 227 seems to emphasise the administrative aspect over which the High Court can exercise power of superintendence and enumerates the various instances of superintendence in the administrative field. The use of words without prejudice to the generality of the foregoing provision is not without significance. It seems to imply that the power of superintendence over administrative functions given to the High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or remedy. Under this power, the High Court will not be justified in converting itself into a Court of appeal and subverting findings of fact by a minute scrutiny of evidence or interfering with the discretionary orders of Court. Further, this power should not be exercised, if there is some other remedy open to a party. Above all, it should be remembered that this is a power possessed by the Court and is to be exercised at its discretion and cannot be claimed as a matter of right by any party. ii) In Trimbak v. Ram Chandra reported in AIR 1977 SC 1222, the Hon'ble Supreme Court held as follows: It is a well-settled rule of practice of this Court not to interfere with the exercise of discretionary power under Articles 226 and 227 of the Constitution merely because two views are possible on the facts of a case. It is also well established that it is only when an order of a Tribunal is violative of the fundamental basic principles of justice and fair play or where the order passed results in manifest injustice, that a court can jusitifiably intervene under Article 227 of the Constitution. iii) The Hon'ble Apex Court in Surya Dev Rai v. Ram Chander Rai an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nciple of control (page 592). 9. The nature and scope of the writ of certiorari and when can it issue was beautifully set out in a concise passage, quoted hereafter, by Lord Chancellor Viscount Simon in Ryots of Garabandho and other villages Vs. Zamindar of Parlakimedi and Anr. AIR 1943 PC 164. The ancient writ of certiorari in England is an original writ which may issue out of a superior Court requiring that the record of the proceedings in some cause or matter pending before an inferior Court should be transmitted into the superior Court to be there dealt with. The writ is so named because, in its original Latin form, it required that the King should be certified of the proceedings to be investigated, and the object is to secure by the exercise of the authority of a superior Court, that the jurisdiction of the inferior tribunal should be properly exercised. This writ does not issue to correct purely executive acts, but, on the other hand, its application is not narrowly limited to inferior Courts in the strictest sense. Broadly speaking, it may be said that if the act done by the inferior body is a judicial act, as distinguished from being a ministerial act, certior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. In the initial years the Supreme Court was not inclined to depart from the traditional role of certiorari jurisdiction and consistent with the historical background felt itself bound by such procedural technicalities as were well-known to the English judges. In later years the Supreme Court has relaxed the procedural and technical rigours, yet the broad and fundamental principles governing the exercise of jurisdiction have not been given a go-by. 12. In the exercise of certiorari jurisdiction the High Court proceeds on an assumption that a Court which has jurisdiction over a subject- matter has the jurisdiction to decide wrongly as well as rightly. The High Court would not, therefore, for the purpose of certiorari assign to itself the role of an Appellate Court and step into reappreciating or evaluating the evidence and substitute its own findings in place of those arrived at by the inferior court. 13. In Nagendra Nath Bora Anr. Vs. Commissioner of Hills Division and Appeals, Assam Ors., (1958) SCR 1240, the parameters for the exercise of jurisdiction, calling upon the issuance of writ of certiorari where so set out by the Constitution Bench : The Common ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or disregard of the provisions of law but a mere wrong decision is not amenable to a writ of certiorari. 15. Any authority or body of persons constituted by law or having legal authority to adjudicate upon questions affecting the rights of a subject and enjoined with a duty to act judicially or quasi-judicially is amenable to the certiorari jurisdiction of the High Court. The proceedings of judicial courts subordinate to High Court can be subjected to certiorari. 16. While dealing with the question whether the orders and the proceedings of subordinate Court are amenable to certiorari writ jurisdiction of the High Court, we would be failing in our duty if we do not make a reference to a larger Bench and a Constitution Bench decisions of this Court and clear a confusion lest it should arise at some point of time. Naresh Shridhar Mirajkar Ors. Vs. State of Maharashra and Anr. (1966) 3 SCR 744, is a nine-Judges Bench decision of this Court. A learned judge of Bombay High Court sitting on the Original Side passed an oral order restraining the Press from publishing certain court proceedings. This order was sought to be impugned by filing a writ petition under Article 226 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 SCC 388. Justice SSM Quadri speaking for the Constitution Bench has quoted the following passage from Halsbury's Laws of England, 4th Edn.(Reissue) Vol.1 (1) : 103. Historically, prohibition was a writ whereby the royal courts of common law prohibited other courts from entertaining matters falling within the exclusive jurisdiction of the common law courts; certiorari was issued to bring the record of an inferior court in the King's Bench for review or to remove indictments and to public officers and bodies, to order the performance of a public duty. All three were called prerogative writs. 109. Certiorari lies to bring decisions of an inferior court, tribunal, public authority or any other body of persons before the High Court for review so that the court may determine whether they should be quashed, or to quash such decisions. The order of prohibition is an order issuing out of the High Court and directed to an inferior court or tribunal or public authority which forbids that court or tribunal or authority to act in excess of its jurisdiction or contrary to law. Both certiorari and prohibition are employed for the control of inferior courts, tribunals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court for its inspection so as to enable the High Court to determine whether on the face of the record the inferior court has committed any of the preceding errors occasioning failure of justice. 22. Article 227 of the Constitution confers on every High Court the power of superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction excepting any court or tribunal constituted by or under any law relating to the armed forces. Without prejudice to the generality of such power the High Court has been conferred with certain specific powers by sub-Articles (2) and (3) of Article 227 with which we are not concerned hereat. It is wellsettled that the power of superintendence so conferred on the High Court is administrative as well as judicial, and is capable of being invoked at the instance of any person aggrieved or may even be exercised suo motu. The paramount consideration behind vesting such wide power of superintendence in the High Court is paving the path of justice and removing any obstacles therein. The power under Article 227 is wider than the one conferred on the High Court by Article 226 in the sense that the power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t have, (ii) has failed to exercise a jurisdiction which it does have, such failure occasioning a failure of justice, and (iii) the jurisdiction though available is being exercised in a manner which tantamounts to overstepping the limits of jurisdiction. 25. Upon a review of decided cases and a survey of the occasions wherein the High Courts have exercised jurisdiction to command a writ of certiorari or to exercise supervisory jurisdiction under Article 227 in the given facts and circumstances in a variety of cases, it seems that the distinction between the two jurisdictions stands almost obliterated in practice. Probably, this is the reason why it has become customary with the lawyers labeling their petitions as one common under Articles 226 and 227 of the Constitution, though such practice has been deprecated in some judicial pronouncement. Without entering into niceties and technicality of the subject, we venture to state the broad general difference between the two jurisdictions. Firstly, the writ of certiorari is an exercise of its original jurisdiction by the High Court; exercise of supervisory jurisdiction is not an original jurisdiction and in this sense it is akin to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the pendency of the proceedings. However, there may be cases where but for invoking the supervisory jurisdiction, the jurisdictional error committed by the inferior court or tribunal would be incapable of being remedied once the proceedings have concluded. 27. In Chandrasekhar Singh Ors. Vs. Siva Ram Singh Ors., (1979) 3 SCC 118, the scope of jurisdiction under Article 227 of the Constitution came up for the consideration of this Court in the context of Sections 435 and 439 of the Criminal Procedure Code which prohibits a second revision to the High Court against decision in first revision rendered by the Sessions Judge. On a review of earlier decisions, the three-Judges Bench summed up the position of law as under :- ( i) that the powers conferred on the High Court under Article 227 of the Constitution cannot, in any way, be curtailed by the provisions of the Code of Criminal procedure; ( ii) the scope of interference by the High Court under Article 227 is restricted. The power of superintendence conferred by Article 227 is to be exercised sparingly and only in appropriate cases in order to keep the subordinate Courts within the bounds of their authority ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by judicial pronouncement or by the legislative enactment or even by the amendment of the Constitution. The power of judicial review is an inherent part of the basic structure and it cannot be abrogated without affecting the basic structure of the Constitution. The essence of constitutional and legal principles, relevant to the issue at hand, has been correctly summed up by the Division Bench of the High Court and we record our approval of the same. 30. It is interesting to recall two landmark decisions delivered by High Courts and adorning the judicial archives. In Balkrishna Hari Phansalkar Vs. Emperor, AIR 1933 Bombay 1, the question arose before a Special Bench: whether the power of superintendence conferred on the High Court by Section 107 of Government of India Act 1915 can be controlled by the Governor-General exercising his power to legislate. The occasion arose because of the resistance offered by the State Government to the High Court exercising its power of superintendence over the Courts of Magistrates established under Emergency Powers Ordinance, 1932. Chief Justice Beaumont held that even if power of revision is taken away, the power of superintendence over the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, through Special Cell, New Delhi Vs. Navjot Sandhu @ Afshan Guru and Ors., JT 2003 (4) SC 605, para 28. This Court held : ( i) the jurisdiction under Article 227 cannot be limited or fettered by any Act of the state Legislature; ( ii) the supervisory jurisdiction is wide and can be used to meet the ends of justice, also to interfere even with interlocutory order; ( iii) the power must be exercised sparingly, only to move subordinate courts and Tribunals within the bounds of their authority to see that they obey the law. The power is not available to be exercised to correct mere errors (whether on the facts or laws) and also cannot be exercised as the cloak of an appeal in disguise . 33. In Shiv Shakti Coop. Housing Society, Nagpur Vs. M/s. Swaraj Developers Ors., (2003) 4 Scale 241, another two-Judges bench of this Court dealt with Section 115 of the C.P.C. The Court at the end of its judgment noted the submission of the learned counsel for a party that even if the revisional applications are held to be not maintainable, there should not be a bar on a challenge being made under Article 227 of the Constitution for which an opportunity was prayed to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt and the dispute being between two private parties, issuance of injunction by High Court amounts to issuance of a mandamus against a private party which is not permissible in law. 37. The above quoted sentence from Ganga Saran's case cannot be read torn out of the context. All that the Full Bench has said is that while exercising certiorari jurisdiction over a decision of the court below refusing to issue an order of injunction, the High Court would not, while issuing a writ of certiorari, also issue a mandamus against a private party. Article 227 of the Constitution has not been referred to by the Full Bench. Earlier in this judgment we have already pointed out the distinction between Article 226 and Article 227 of the Constitution and we need not reiterate the same. In this context, we may quote the Constitution Bench decision in T.C. Basappa Vs. T. Nagappa and Anr., (1955) 1 SCR 250 and Province of Bombay Vs. Khushaldas S. Advani (dead) by Lrs., 1950 SCR 621, as also a three-Judge Bench decision in Dwarka Nath Vs. Income-tax Officer, Special Circle, D Ward, Kanpur and Anr., (1965) 3 SCR 536, which have held in no uncertain terms, as the law has always been, that a w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied : (i) the error is manifest and apparent on the face of the proceedings such as when it is based on clear ignorance or utter disregard of the provisions of law, and (iii) a grave injustice or gross failure of justice has occasioned thereby. ( 6) A patent error is an error which is self-evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of reasoning. Where two inferences are reasonably possible and the subordinate court has chosen to take one view the error cannot be called gross or patent. ( 7) The power to issue a writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the High Court dictates it to act lest a gross failure of justice or grave injustice should occasion. Care, caution and circumspection need to be exercised, when any of the abovesaid two jurisdictions is sought to be invoked during the pendency of any suit or proceedings in a subordinate court and the error though calling for correction is yet capable of being corrected at the conclusion of the proceedings in an appeal or revi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n though committed is yet capable of being taken care of and corrected at a later stage and the wrong done, if any, would be set right and rights and equities adjusted in appeal or revision preferred at the conclusion of the proceedings. But there may be cases where 'a stitch in time would save nine'. At the end, we may sum up by saying that the power is there but the exercise is discretionary which will be governed solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the Judge. iv) In Following Surya Devi's case, cited supra, in Jeya v. Sundaram Iyyar reported in 2005 (4) MLJ 278, this Court held that, when it is shown that the trial Court has failed to exercise its jurisdiction, properly applying the provisions of law, or when it is so that the trial Court has wrongly exercised its jurisdiction, offending the statute, then, invoking the supervisory jurisdiction of this Court, there can be interference by this Court. v) In Managing Director, Makkal Tholai Thodarpu Kuzhuman Ltd., v. V.Muthulakshmi reported in 2007 (6) MLJ 1152, at Paragraph 28, this Court held that, 28. Therefore, the consistent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments are satisfied: (i) the error is manifest and apparent on the face of the proceedings such as when it is based on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby. It is also clear that the High Court in exercise of certiorari or supervisory jurisdiction will not convert itself into a court of appeal and indulge in reappreciation or evaluation of evidence or correct errors in drawing inferences or correct errors of mere formal or technical character. 25. As observed in Surya Dev Rai vs. Ram Chander Rai (supra), the exercise of jurisdiction under article 226 or 227 of the Constitution cannot be tied down in a straight jacket formula or rigid rules. To put it clear though the power is there but the exercise is discretionary which will be governed solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the judge. vii) In Udhayabhanu v. Ranganayaki reported in AIR 2009 Mad. 91, at Paragraph 21, this Court held as follows: 12. The Court is of the opinion that it can interfere with an order passed by a Court, which has patently us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court cannot re-appreciate the evidence and come to its own conclusion different from that of the prescribed Authority. 16. In Ganpat Ladha v. Sashikant Vishnu Shinde, AIR 1978 SC 955, the Apex Court has held that the High Courts cannot justify the exercise of its discretionary powers under Article 227of the Constitution as to the finding of fact; unless such finding of fact is clearly perverse and patently unreasonable. 17. In Chandavarkar Sita Ratna Rao v. Ashalata S.Guram, (1986) 4 SCC 447, the Apex Court at page 460, para (4) has held thus:- It is true that in exercise of jurisdiction under Article 227 of the Constitution the High Court could go into the question of facts or look into the evidence if justice so requires it, if there is any misdirection in law or a view of fact taken in the teeth of preponderance of evidence. But the High Court should decline to exercise its jurisdiction under Articles 226 and 277 of the Constitution to look into the fact in the absence of clear and cut down reasons where the question depends upon the appreciation of evidence. The High Court also should not interfere with a finding within the jurisdiction of the inferi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritories in relation to which it exercises jurisdiction. This jurisdiction cannot be limited or fettered by any Act of the State Legislature. The supervisory jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and to seeking that they obey the law. The powers under Article 227 are wide and can be used, to meet the ends of justice. They can be used to interfere even with an interlocutory order. However, the power under Article 227 is a discretionary power and it is difficult to attribute to an order of the High Court, such a source of power, when the High Court itself does not terms purport to exercise any such discretionary power. It is settled law that this power of judicial superintendence , under Article 227, must be exercised sparingly and only to keep subordinate court and tribunals within the bounds of their authority and not to correct mere errors. Further, where the statute bans the exercise of revisional powers it would require very exceptional circumstances to warrant interference under Article 227 of the Constitution of India since the power of superintendence was not meant to circumvent statutory law. It is settled law that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s: 81. The power of superintendence under Article 227 of the Constitution conferred on every High Court over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is very wide and discretionary in nature. It can be exercised ex debito justitiae, i.e. to meet the ends of justice. It is equitable in nature. While exercising supervisory jurisdiction, a High Court not only acts as a court of law but also as a court of equity. It is, therefore, power and also the duty of the Court to ensure that power of superintendence must advance the ends of justice and uproot injustice'. 29. Statement of accounts, would reveal, the loan availed, amounts paid, and amount transferred by any other institution, in the case on insurance claim amount. Even taking it for granted that such statement is not filed, still it is always open to both parties, to adduce evidence, in Debts Recovery Tribunal, Bangalore, in support of their rival contentions. Public money to the tune of ₹ 21,76,42,758.42 is involved. Action of DRAT, Chennai in directing DRT, Bangalore, to dismiss original application, for non-submission of statement of accounts to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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