The settled position of law on the interference of the High Court invoking Article 226 of the Constitution of India in Commercial Matters – M/s. South Indian Bank Ltd. & Ors. Vs. Naveen Mathew Philip & Anr. etc. etc. – Supreme Court

Hon’ble Supreme Court reiterates the settled position of law on the interference of the High Court invoking Article 226 of the Constitution of India in commercial matters.
The Court observed that certain High Courts continue to interfere in such matters, leading to a regular supply of cases before this Court. One such High Court is that of Punjab & Haryana.
Hon’ble Court held that (i) a writ of certiorari is to be issued over a decision when the Court finds that the process does not conform to the law or statute. In other words, courts are not expected to substitute themselves with the decision-making authority while finding fault with the process along with the reasons assigned. Such a writ is not expected to be issued to remedy all violations. When a Tribunal is constituted, it is expected to go into the issues of fact and law, including a statutory violation. A question as to whether such a violation would be over a mandatory prescription as against a discretionary one is primarily within the domain of the Tribunal. (ii) A writ of mandamus is a prerogative writ. In the absence of any legal right, the Court cannot exercise the said power. More circumspection is required in a financial transaction, particularly when one of the parties would not come within the purview of Article 12 of the Constitution of India. (iii) the powers conferred under Article 226 of the Constitution of India are rather wide but are required to be exercised only in extraordinary circumstances in matters pertaining to proceedings and adjudicatory scheme qua a statute, more so in commercial matters involving a lender and a borrower, when the legislature has provided for a specific mechanism for appropriate redressal.

The settled position of law on the interference of the High Court invoking Article 226 of the Constitution of India in Commercial Matters – M/s. South Indian Bank Ltd. & Ors. Vs. Naveen Mathew Philip & Anr. etc. etc. – Supreme Court Read Post »