Article 227 – High Court cannot go deep into Factual Issues like an Appellate Body
Case: Puri Investments v. Young Friends And Co. And Ors.
Corum: Justices Vineet Sarani and Aniruddha Bose
Case No.: Civil Appeal No 1609 of 2022
Court Observation: “The High Court was conscious of the restrictive nature of jurisdiction under Article 227 of the Constitution of India.”
“In our opinion, the High Court in exercise of its jurisdiction under Article 227 of the Constitution of India in the judgment under appeal had gone deep into the factual arena to disagree with the final fact-finding forum.”
“There was no perversity in the order of the Appellate Tribunal on the basis of which the High Court could have interfered. In our view, the High Court tested the legality of the order of the Tribunal through the lens of an appellate body and not as a supervisory Court in adjudicating the application under Article 227 of the Constitution of India. This is impermissible. The finding of the High Court that the appellate forum’s decision was perverse and the manner in which such finding was arrived at was itself perverse.”
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