PUNJAB NATIONAL BANK & ORS.versusATMANAND SINGH & ORS.

674                      [2020]REPORTS
               SUPREME COURT    7 S.C.R. 674                [2020] 7 S.C.R.


A                   PUNJAB NATIONAL BANK & ORS.
                                        v.
                         ATMANAND SINGH & ORS.
                         (Civil Appeal No. 2410 of 2020)
B                                MAY 06, 2020
       [A. M. KHANWILKAR AND DINESH MAHESHWARI, JJ.]
             Writ – Jurisdiction of – When the petition raises questions of
      fact of a complex nature – Respondent no. 1 alleged that he had
C     taken a term loan of Rs.10,000/- from the Bank in 1984 – In 1990,
      the term loan with interest had mounted upto a figure of
      Rs.13,386/- – In 1989, respondent no. 1 was granted two cheques
      of Rs.5000/- each as Earthquake Relief Fund – The said two cheques
      were deposited with Bank for encashment, however, the said amount
      of cheques were transferred to the loan account and the same was
D     done without any authorisation – It was also alleged by respondent
      no. 1 that he approached bank with Rs.14,93,000/- for issuance of
      two bank drafts – However, the Bank transferred the said amount
      to the loan account – Thereafter, respondent no. 1 approached the
      District Magistrate – Respondent no.1 alleged that his basic
E     assertion was found correct and liability was accepted by the bank,
      and it was reduced to an agreement dated 27.05.1990 – However, a
      writ petition was filed by respondent no.1 when Bank refused to
      honour the agreement – The Bank denied the allegation of transfer
      of proceeds of two cheques of Rs.5000/- to loan account and also
      denied the allegation of deposit of Rs.14,93,000/- by respondent
F     no. 1 – The Bank explicitly denied the genuineness and existence
      of the documents annexed to the writ petition and asserted the same
      as forged, fabricated and manufactured documents – The Single
      Judge of the High Court allowed the writ petition – Aggrieved, the
      Bank filed LPA before the Division Bench of the High Court which
      was dismissed – On appeal, held: The Bank had categorically denied
G
      the case set up by the respondent no. 1 in the writ petition in toto;
      and moreso the stand taken by the Bank could be substantiated on
      the preponderance of probabilities – In other words, the case set
      up by the respondent no. 1 in the writ petition is neither an admitted
      position nor it is possible to even remotely suggest that it is
H
                                       674
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                             675


indisputable, so as to bind the Bank on that basis – Also, the District     A
Magistrate in the affidavit clearly denied the existence of the stated
proceedings for want of contemporaneous official record in that
regard – This aspect was not taken into account by the High Court
– From the narration of facts, it is clear that it would involve security
of complex matters and issues including about the existence of the
                                                                            B
very agreement, which is the foundational evidence for seeking relief
as prayed in writ petition – The High Court committed manifest
error in disregarding the core jurisdictional issue that the matter on
hand involved complex factual aspects, which could not be
adjudicated in exercise of writ jurisdiction – The High Court should
have relegated the parties to other alternative remedy as may be            C
permissible in law – Thus, the impugned decisions of the Single
Judge and the Division Bench of the High Court are set aside.
      Allowing the appeal, the Court
        HELD: 1. The judgment of the single Judge of the High
Court has completely glossed over the crucial aspects and the               D
writ petition has been disposed of in a very casual manner. The
Division Bench of the High Court committed the same error in
upholding the decision of the single Judge. The Division Bench
has not even analysed the efficacy of the affidavits filed in support
of the stand taken by the appellant-Bank during the pendency of             E
the LPA. It merely reiterates the view taken by the Single Judge
in just two short paragraphs. It has not analysed the efficacy of
the proceedings in Misc. Case No. 04 (DW1) PNB/1989-90, as
well as, the certified copy of the proceedings filed in appeal before
it, in the context of affidavits of Bank officials and report of the
District Magistrate. The Division Bench was also misled by the              F
voluminous documents relied upon by the respondent No. 1 and
assumed that the same could not be a figment of imagination or a
piece of fiction. [Para 15][687-G-H; 688-A-B]
      2. Even if the impugned judgments were to be read as a
whole, there is no analysis of the relevant documents and in                G
particular, the stand taken by the appellant-Bank expressly
denying the existence of the stated agreement and genuineness
thereof, which plea was reinforced from the affidavits of the
concerned Bank officials and the report of the District Magistrate.
Notably, the District Magistrate in the affidavit filed in compliance       H
676           SUPREME COURT REPORTS                      [2020] 7 S.C.R.


A     of the order dated 18.3.2016 had clearly denied the existence of
      the stated proceedings for want of contemporaneous official
      record in that regard. This aspect has not been taken into account
      by the High Court at all. On facts, therefore, the High Court
      committed manifest error in disregarding the core jurisdictional
      issue that the matter on hand involved complex factual aspects,
B
      which could not be adjudicated in exercise of writ jurisdiction.
      [Para 16][688-C-E]
             3. When the petition raises questions of fact of complex
      nature, such as in the present case, which may for their
      determination require oral and documentary evidence to be
C     produced and proved by the concerned party and also because
      the relief sought is merely for ordering a refund of money, the
      High Court should be loath in entertaining such writ petition and
      instead must relegate the parties to remedy of a civil suit. Had it
      been a case where material facts referred to in the writ petition
D     are admitted facts or indisputable facts, the High Court may be
      justified in examining the claim of the writ petitioner on its own
      merits in accordance with law. [Para 17][690-G-H; 691-A]
            4. A priori, this Court has no hesitation in taking the view
      that in the facts of the present case, the High Court should have
E     been loath to entertain the writ petition filed by the respondent
      No. 1 and should have relegated the respondent No. 1 to
      appropriate remedy for adjudication of all contentious issues
      between the parties. [Para 22][693-F-G]
            Thansingh Nathmal & Ors. v. Superintendent of Taxes,
F           Dhubri & Ors. AIR 1964 SC 1419; Suganmal v. State
            of Madhya Pradesh & Ors. AIR 1965 SC 1740 –
            followed.
            Smt. Gunwant Kaur & Ors. v. Municipal Committee,
            Bhatinda & Ors. (1969) 3 SCC 769; Babubhai
G           Muljibhai Patel v. Nandlal Khodidas Barot & Ors.
            (1974) 2 SCC 706 : [1975] 2 SCR 71; M/s. Hyderabad
            Commercials v. Indian Bank & Ors. (1991) 2 Suppl.
            SCC 340; ABL International Ltd. & Anr. v. Export Credit
            Guarantee Corporation of India Ltd. & Ors. (2004) 3
            SCC 553; Bhinka & Ors. v. Charan Singh AIR 1959
H
     PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                       677


          SC 960 : [1959] Suppl. SCR 798; Kaliya v. State of             A
          Madhya Pradesh (2013) 10 SCC 758 : [2013] 7 SCR
          760 – referred to.
                              Case Law Reference
AIR 1964 SC 1419                     followed          Para 8
                                                                         B
AIR 1965 SC 1740                     followed          Para 9
(1969) 3 SCC 769                     referred to       Para 9
[1975] 2 SCR 71                      referred to       Para 9
(1991) 2 Suppl. SCC 340              referred to       Para 9
                                                                         C
(2004) 3 SCC 553                     referred to       Para 9
[1959] Suppl. SCR 798                referred to       Para 9
[2013] 7 SCR 760                     referred to       Para 9
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2410                D
of 2020.
      From the Judgment and Order dated 23.02.2017 of the High Court
of Judicature at Patna in L.P.A. No. 310 of 2009.
      Dhruv Mehta, Sr. Adv., Rajesh Kumar-I, Anant Gautam,
Ms. Sakshi Gaur, Sorabh Dahiya, Vibhu Sharma, Nipun Sharma, Anmol        E
Mehta, Advs. for the Appellants.
      J.S. Attri, Sr. Adv., Varinder Kumar Sharma, Chandra Nand Jha,
Chandan Kumar, Devashish Bharuka, Ravi Bharuka, Ms. Sarvshree,
Gestine George, Ms. Srishti Agarwal, Advs. for the Respondents.
                                                                         F
          The Judgment of the Court was delivered by
          A. M. KHANWILKAR, J.
          1. Leave granted.
      2. This appeal takes exception to the judgment and order dated
23.2.2017 passed by the Division Bench of the High Court of Judicature   G
at Patna1 in Letters Patent Appeal (LPA) No. 310/2009, whereby, the
LPA filed by the appellants came to be dismissed while affirming the
decision of the learned single Judge, dated 10.2.2009 in allowing the
Civil Writ Jurisdiction Case (CWJC) No. 867/1999.
1
    For short, “the High Court”                                          H
678             SUPREME COURT REPORTS                           [2020] 7 S.C.R.


A            3. The Division Bench took note of the relevant background facts
      necessitating filing of writ petition by the respondent No. 1for a direction
      to the appellant-Bank to pay his lawful admitted claims in terms of
      agreement dated 27.5.1990 (Annexure 5(b) appended to the writ petition)
      and also to deposit the income-tax papers with immediate effect. The
      Division Bench has noted as follows: -
B
            “4. The facts of the case is that the writ petitioner had taken a
            term loan of Rs.10,000/- from the Bank by way of financial
            assistance to run a business in the name of “Sanjeev Readymade
            Store” from Haveli Kharagpur Branch of Punjab National Bank
            in the district of Munger. The writ petitioner was paid the said
C           sum of Rs.10,000/- in two instalments of Rs.4,000/- on 21.07.1984
            and Rs.6,000/- on 01.10.1984. The writ petitioner had yet another
            savings account in the same branch of the respondents-bank.
            However, on 14.02.1990, the term loan with interest had mounted
            upto a figure of Rs.13,386/-. In 1989, the writ petitioner, who is
D           Respondent no.2 in the appeal, was granted two cheques of
            Rs.5,000/- each by the Circle Officer, Haveli Kharagpur under
            the Earthquake Relief Fund. The said two cheques were deposited
            with the Bank for encashment in the other savings account, but
            instead, were transferred to the loan account. This was done
            without any authorization of the writ petitioner and without direction
E           of any competent authority. Some time thereafter, the writ
            petitioner’s son was afflicted by cancer, which required immediate
            treatment at All India Institute of Medical Sciences, New Delhi.
            In order to meet the expenses of the treatment, writ petitioner
            sold 406 bhars of gold jewellery of his wife’s “stridhan” and
F           received Rs.14,93,268/-. He approached the branch of the
            respondents-bank with a sum of Rs.14,93,000/- on 04.08.1989 for
            issuance of two bank drafts, one in his name and the another in
            the name of his wife. The then Accountant, Mr. T.K. Palit showed
            his inability to prepare the drafts on the ground of shortage of
            staff on that day and requested the writ petitioner to deposit the
G           amount in the savings account No. 1020 in the said branch. The
            Accountant, after receipt of the money, transferred total amount
            of Rs.15,03,000/- to the loan account, whereas in the loan account
            upto 14.02.1990 outstanding dues of principal and interest was
            only Rs.13,386/-. The writ petition made grievance before the
H           Branch Manager of the said branch and also filed representations
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                                    679
              [A. M. KHANWILKAR, J.]

      before the Bank authorities. Thereafter, the writ petitioner                 A
      approached the District Magistrate, Sri Nanhe Prasad, who ordered
      the then Circle Officer, Haveli Kharagpur, District Munger,
      Sri Binod Kumar Singh to make a detailed enquiry into the matter
      and report. Accordingly, a Misc. Case No. 4 (DW 1) PNB/1989-
      90 was initiated and in those proceedings, various officials of the
                                                                                   B
      Punjab National Bank, including the then Branch Manager, District
      Coordination Officer of the Punjab National Bank and the
      Accountant of the Bank were examined from time to time and
      reports were submitted to the District Magistrate, Munger. Several
      witnesses were examined even by the District Magistrate, Munger.
      There were officers from the Regional Office of the Punjab                   C
      National Bank, one of them being Sri Tej Narain Singh, the Regional
      Manager of the Punjab National Bank, Regional Office, Patna-B
      also deposed making reference of what had transpired to the Zonal
      Office of the Bank. On the basis of these statements, which were
      recorded by the Circle Officer and/or by the then District
                                                                                   D
      Magistrate-cum-Collector, Munger, Sri Gorelal Prasad Yadav, the
      matter proceeded. The basic assertion of the writ petitioner having
      been found correct and the liability having been accepted by the
      respondents-bank, it was reduced to an agreement dated
      27.05.1990, which is Annexure-5B to the writ application between
      the parties. The agreement was signed by one and all in presence             E
      of the Circle Officer and the overall supervision of the District
      Magistrate. It was duly recorded in writing that the bank had
      received the deposit amounting to Rs.15,03,000/- as per deposits
      made on 02.08.1989, 04.08.1989 and 04.10.1989. It was also
      recorded that the total term loan and the liability of the writ petitioner
                                                                                   F
      up to 14.02.1990 came to Rs.13,386/- only and the amount of Rs.
      14,89,614/- of the writ petitioner would be kept in the Fixed Deposit
      of the bank and shall be paid with interest by September, 1997.
      The writ application was filed, when the bank refused to honour
      this agreement. In support of the writ application, certified copies
      of the entire proceedings, depositions as had been obtained by the           G
      writ petitioner in the year 1990 were annexed.”
      The appellant-Bank contested the said writ petition and raised
objections regarding the maintainability of the writ petition and disputed
the money claim set up by the respondent No. 1 on the basis of alleged
contractual agreement dated 27.5.1990. The appellant-Bank denied the               H
680             SUPREME COURT REPORTS                            [2020] 7 S.C.R.


A     allegation of transfer of proceeds of two cheques of Rs.5,000/- (Rupees
      five thousand only) each, allegedly received by the respondent No. 1
      from the district authorities,to the loan account. The Bank also denied
      the allegation of deposit of Rs.14,93,000/- (Rupees fourteen lakhs ninety-
      three thousand only) by the respondent No. 1 in his Savings Fund Account
      No. 1020 or transfer of the said amount in his loan account. Further, on
B
      receipt of complaint from the respondent No. 1, the Regional Manager
      of the appellant-Bank instituted an internal enquiry conducted by
      Mr. N.K. Singh, Manager, Inspection and Complaints, E.M.O., Patna,
      who in his report dated 23.11.1998 noted that the respondent No. 1 had
      been paid the proceeds of two cheques of Rs.5,000/- (Rupees five
C     thousand only) each in cash and there is no record about the deposit of
      Rs.14,93,000/- (Rupees fourteen lakhs ninety three thousand only) in his
      account with the concerned Branch. The appellant-Bank explicitly denied
      the genuineness and existence of the documents annexed to the writ
      petition and asserted that the same are forged, fabricated and
      manufactured documents. The Bank also placed on record that the
D
      respondent No. 1 had filed similar writ petition against another bank,
      namely, the Munger Jamui Central Cooperative Bank Limited being
      CWJC No. 4353/1993, which was eventually dismissed on 7/3.7.1995,
      as the claim set up by the respondent No. 1 herein in the said writ petition
      was stoutly disputed by the concerned Bank.
E            4. Be it noted that the learned single Judge, as well as, the Division
      Bench adverted to the stand taken by the appellant-Bank, seriously
      disputing the existence of the stated agreement and asserting that the
      same was fabricated and fraudulent document, as can be discerned from
      the order of the learned single Judge, which records as follows: -
F           “11. Counter affidavit came to be filed by the respondent bank
            where they decided to deny the claim of the petitioner. They raised
            serious doubts with regard to the existence of the records of Misc.
            Case No. 4 (DW I) PNB/89-90. They took a stand that as per
            their knowledge no such records exist or is readily available and
G           therefore the claim of the petitioner cannot be accepted or acted
            upon. The counter affidavit has tried to cast serious - 7 - doubts
            about the so-called proceeding having been conducted and even
            an agreement having been entered into by the parties. It is also
            urged that the writ application cannot be maintained because the
            Court can not direct enforcement of an agreement. It is also
H
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                               681
              [A. M. KHANWILKAR, J.]

      submitted that the District Magistrate had no power to adjudicate       A
      the matter and even if for the sake of argument there was an
      agreement, the petitioner ought to have sought its enforcement
      through common law and not waited for filing the writ application
      after many a years. It is also urged that these are disputed
      questions of fact which cannot be decided in the writ application.”
                                                                              B
       Despite having noticed the objection regarding maintainability of
the writ petition taken by the appellant-Bank, the learned single Judge, if
we may say so, by a cryptic judgment and order, allowed the writ petition
filed by the respondent No. 1 by observing as follows: -
      “13. The Court has gone through the plethora of documents               C
      which have been brought on record in support of the
      pleading of the petitioner. If the documents which have been
      brought on record are read as a whole this Court does get
      a feeling that the respondent bank wants to wriggle out of a
      ticklish situation by raising technical objections with regard
      to the maintainability of the writ application. Such voluminous         D
      documents cannot be created or manufactured. Merely because
      the respondent bank is suffering from selective amnesia the Court
      is not willing to brush aside the materials which have been brought
      on record in support of the writ application. No serious effort has
      been made by the respondents to answer the submissions and the          E
      arguments made in the writ application. The annexures coupled
      with specific pleadings point to the fact that there was a serious
      grievance raised by the petitioner about misconduct or wrong
      banking procedure having been adopted by the employees of the
      Punjab National Bank in maintenance of the accounts of the
      petitioner. The writ application of the petitioner therefore cannot     F
      be dismissed on the technical objection made by the respondent
      bank.
      14. In the given facts and circumstances noted above, the petitioner
      has succeeded in making out a case for interference and keeping
      the settled principle in this regard as noted above, the respondent     G
      Bank is hereby directed to take steps for payment of the money
      which had been quantified in terms of annexure-5B. It is clarified
      that order of payment is not for enforcement of agreement
      contained in annexure 5B but only a certification that the money
      of the petitioner must accrue to his account and must be paid           H
682            SUPREME COURT REPORTS                             [2020] 7 S.C.R.


A           back to him with due interest thereon as proper book keeping and
            maintenance of accounts of a customer is a public duty of the
            bank. The Court expects the respondent Bank to make payments
            within a period of three months from the date of communication/
            production of a copy of this order.
B                  The writ application stands allowed.”
                                                             (emphasis supplied)
             5. The appellant-Bank carried the matter before the Division
      Bench by way of LPA No. 310/2009. During the pendency of the said
      appeal, the Bank filed affidavit of Mr. Tapan Kumar Palit (the then
C     Accountant of Branch Office, Haveli Kharagpur) dated 3.3.2009,
      specifically denying each of these facts, namely, (a) the respondent No.
      1 had deposited an amount of Rs.14,93,000/- (Rupees fourteen lakhs
      ninety-three thousand only) with the appellant-Bank on 4.8.1989, (b)
      that the affiant participated in the enquiry alleged to have conducted
D     under the orders of District Magistrate, Munger and (c) the affiant was
      a signatory to the alleged agreement dated 27.5.1990. Similar affidavit
      of Mr. Krishna Deo Prasad (the then Manager, Branch Office, Haveli
      Kharagpur) dated 4.9.2009 was filed, taking the same stand. Another
      affidavit of Mr. Bishnu Deo Prasad Sah (the then District Coordination
      Officer i.e. the D.C.O.) dated 5.9.2009 was filed, specifically denying
E     the relevant facts and asserting that he was never appointed as an enquiry
      officer by the District Magistrate, Munger in terms of Misc. Case No.
      04 (DW1)PNB/1989-90 and that he was not signatory to the alleged
      agreement dated 27.5.1990. The Division Bench was also conscious of
      the express stand taken by the appellant-Bank before the learned single
F     Judge, raising the issue of maintainability of the writ petition on the
      assertion that the case involved complex factual matters which cannot
      be adjudicated in exercise of writ jurisdiction. In paragraph 8 of the
      impugned judgment, the Division Bench noted thus: -
            “8. Before the learned Single Judge as is the stand in this appeal,
G           the Bank filed counter affidavit in the writ application raising serious
            doubt with regard to existence of any case registered as Misc.
            Case No. 4 (DW 1) PNB/1989-90. They took the stand that no
            enquiry was ever conducted nor there was any enquiry report nor
            any official of the Bank ever deposed in the enquiry. There was
            no record of those proceedings and the certified copies, which
H
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                               683
              [A. M. KHANWILKAR, J.]

      have been produced and were part of the record of the writ              A
      application, were forged and created by the writ petitioner. Another
      objection was taken by the Bank in the writ proceeding that the
      District Magistrate had no power to adjudicate the matter and
      order for enquiry. Yet another objection was taken that the matter
      relates to disputed questions of fact, which is not maintainable
                                                                              B
      under Article 226 of the Constitution of India in writ jurisdiction.”
       6. Despite the specific plea taken by the appellant-Bank, disputing
the transactions and documents in question, on the basis of which the
respondent had sought relief by way of writ petition, the Division Bench
proceeded to dismiss the LPA filed by the Bank by holding thus: -
                                                                              C
      “13. Having heard the learned counsel for the parties and taking
      into consideration the copies of the proceedings of Misc. Case
      No. 4 (DW1) PNB/1989-90 as well as the certified copy of the
      proceedings filed before this Court in appeal, which is a voluminous
      one with a plethora of documents, it could not have been a figment
      of imagination or a piece of fiction. Thus, the order of the learned    D
      Single Judge does not suffer from any infirmity and calls for no
      interference, which has further been fortified by affirmation of
      the officer and the office peon as well as the Head Clerk posted
      at the relevant time in the office of the Circle Officer, Haveli
      Kharagpur.                                                              E
      14. The order of the learned Single Judge passed in CWJC No.
      867 of 1999 is affirmed and the appeal is dismissed.”
      7. Being aggrieved, the Bank is in appeal before this Court. While
issuing notice on 21.4.2017, this Court had noted thus: -
                                                                              F
      “Issue notice.
      As respondent No. 1 is represented by Mr. Amrinder Sharan,
      learned senior counsel being assisted by Mr. Awanish Sinha,
      learned counsel no further notice shall be issued to him.
      As far as other respondents are concerned, notice be issued to          G
      them fixing a returnable date within twelve weeks.
      Be it noted that Mr. Amrinder Sharan, learned senior counsel has
      agreed that the respondent No. 1 is prepared to face any inquiry
      and investigation by the Central Bureau of Investigation if this
      Court feels it appropriate. Mr. Dhruv Mehta, learned senior counsel     H
684               SUPREME COURT REPORTS                          [2020] 7 S.C.R.


A              being assisted by Mr. Rajesh Kumar, learned counsel accepts the
               suggestion made by Mr. Sharan and if need be the same can be
               adverted to after the appearance of other respondents.
               There shall be stay of operation of the impugned judgment dated
               23rd February, 2017 passed by the High Court until further orders.”
B            The appellant-Bank, inter alia, invited our attention to the affidavit
      filed by the District Magistrate – Mr. Uday Kumar Singh, before this
      Court in the present appeal, wherein he has reiterated the stand taken
      by him in the 3rd supplementary counter affidavit dated 5.5.2016 filed
      before the High Court in compliance of order dated 18.3.2016. In the
C     said affidavit, it had been stated that on perusal of records, reports of
      different officers and staff and their written depositions, it prima facie
      appears that the documents pertaining to Misc. Case No. 04 (DW1)
      PNB/1989-90 (in the office of Anchal Adhikari, H. Kharagpur) are forged
      and fabricated, as no contemporaneous document was available either
      in the Sub-Divisional Office, H. Kharagpur or in the headquarters,
D     Kharagpur in that regard.
              8. The grievance of the appellant-Bank is that considering such a
      categoric plea taken, which was supported by affidavits and the report
      of the District Magistrate (referred to in his affidavit dated 5.5.2016
      filed in compliance of order dated 18.3.2016 passed by the Division Bench
E     of the High Court), it was amply clear that the matter involved complex
      factual aspects, which could not and ought not to be answered in writ
      jurisdiction and that the respondent No. 1 (writ petitioner) must take
      recourse to appropriate legal remedy for enforcement of the alleged
      agreement dated 27.5.1990, if so advised. The Bank has placed reliance
F     on the decisions of the Constitution Bench of this Court in Thansingh
      Nathmal & Ors. vs. Superintendent of Taxes, Dhubri & Ors.2 and
      Suganmal vs. State of Madhya Pradesh & Ors.3 to contend that the
      writ petition ought to have been dismissed by the High Court.
             9. The respondent No. 1, on the other hand, submitted that merely
G     because the Bank has disputed the relevant facts, does not warrant
      dismissal of writ petition, as the jurisdiction of the High Court under
      Article 226 of the Constitution is very wide including it can cross-examine
      the concerned affiant(s) and enquire into all aspects of the matter. To

      2
          AIR 1964 SC 1419
H     3
          AIR 1965 SC 1740
    PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                             685
                [A. M. KHANWILKAR, J.]

buttress this submission, reliance is placed on Smt.Gunwant Kaur &            A
Ors. vs. Municipal Committee, Bhatinda & Ors.4, Babubhai Muljibhai
Patel vs. Nandlal Khodidas Barot & Ors. 5 , M/s.Hyderabad
Commercials vs. Indian Bank & Ors.6 and ABL International Ltd.
& Anr. vs. Export Credit Guarantee Corporation of India Ltd. &
Ors.7. The respondent No. 1 would additionally urge that the case set up
                                                                              B
by him in the writ petition is substantiated by the certified copies of the
main docket alongwith that of the dispatch register regarding Misc. Case
No. 04 (DW1) PNB/1989-90 and there is presumption about its
genuineness. The respondent No. 1 has placed reliance on the decisions
of this Court in Bhinka & Ors. vs. Charan Singh8 and Kaliya vs.
State of Madhya Pradesh9. Further, the circumstances emanating from           C
the records clearly substantiate the fact that the stated agreement was
executed between the parties on 27.5.1990 and it is not open to the
appellant–Bank to resile from the said agreement. The existence of the
agreement having been substantiated in the enquiry being miscellaneous
case referred to above, wherein statement of the officials of the Bank at
                                                                              D
the relevant time came to be recorded supporting the plea of the
respondent No. 1 including about the genuineness of the certified copies
relied upon, it was a case of admission of liability by the appellants and
the claim of the respondent No. 1 was, therefore, indisputable. In such a
situation, the learned single Judge of the High Court was justified in
allowing the writ petition and the reasons on which stated relief came to     E
be granted commended to the Division Bench. Therefore, no inference
by this Court is warranted and moreso, because the respondent No. 1
has become a victim of circumstances and it would be unfair and unjust
to drive him to take recourse to alternative remedy by filing a suit for
enforcement of the agreement at this distance of time. The respondent
                                                                              F
No. 1, therefore, has urged to dismiss this appeal.
       10. We have heard Mr. Dhruv Mehta, learned senior counsel for
the appellants, Mr. J.S. Attri, learned senior counsel for the respondent
No. 1 and Mr. Devashish Bharuka, learned counsel for the respondent
No. 2.
                                                                              G
4
  (1969) 3 SCC 769
5
  (1974) 2 SCC 706
6
  1991 Supp (2) SCC 340
7
  (2004) 3 SCC 553
8
  AIR 1959 SC 960
9
  (2013) 10 SCC 758                                                           H
686             SUPREME COURT REPORTS                            [2020] 7 S.C.R.


A             11. From the factual matrix highlighted hitherto, it is manifest that
      there is no unanimity between the appellant-Bank and the respondent
      No. 1 on the relevant facts, on the basis of which the relief sought in the
      writ petition was founded. The Bank had expressly denied the existence
      of the alleged agreement dated 27.5.1990 including the fact that the
      respondent No. 1 had deposited the amount of Rs.14,93,000/- (Rupees
B
      fourteen lakhs ninety-three thousand only). The Bank had relied upon
      the affidavits of the concerned Bank officials, and also on the report of
      the District Magistrate referred to in his affidavit dated 5.5.2016 filed
      before the Division Bench of the High Court in compliance of its order
      dated 18.3.2016. The Bank had categorically denied the case set up by
C     the respondent No. 1 in the writ petition in toto; and more so the stand
      taken by the Bank could be substantiated on the preponderance of
      probabilities. In other words, the case set up by the respondent No. 1 in
      the writ petition is neither an admitted position nor is it possible to even
      remotely suggest that it is indisputable, so as to bind the appellant-Bank
      on that basis. Moreover, from the narration of facts, it is more than clear
D
      that it would involve scrutiny of complex matters and issues including
      about the existence of the very agreement, which is the foundational
      evidence for seeking relief as prayed in the writ petition. In that, the
      genuineness and existence of the stated agreement has been put in issue
      by the appellant-Bank and which is made good on the basis of affidavits
E     of concerned Bank officials and even supported by the report of the
      District Magistrate referred to in his affidavit dated 5.5.2016.
             12. Notably, the respondent No. 1 had filed similar writ petition
      against another bank in the year 1995, which came to be rejected as the
      facts stated therein were also disputed by that bank. In the present case,
F     however, the learned single Judge was impressed by the specious fact
      that the respondent No. 1 had produced plethora of documents and thus
      assumed that the appellant bank wanted to wriggle out of the ticklish
      situation by raising technical objection of maintainability of the writ
      application. This observation of the learned single Judge is nothing short
      of being based on surmises and conjectures. The matter such as the
G     present one, could not be decided on the basis of some inference or a
      feeling gathered by the Court as noted in the impugned judgments. The
      hard facts on record clearly suggested that the appellant-Bank had
      supported its plea by relying on affidavits of the concerned Bank officials
      including the report of the District Magistrate. The learned single Judge
H     very conveniently ignored that aspect and proceeded to hold that the
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                               687
              [A. M. KHANWILKAR, J.]

appellant-Bank was suffering from selective amnesia, having noted that        A
voluminous documents are relied upon by the respondent No. 1 (writ
petitioner) and thus assumed that the same could not be created or
manufactured.
        13. Be that as it may, the learned single Judge without analysing
the entirety of the stand of the appellant and the relevant documents,        B
proceeded to make observations about the conduct of the appellant-
Bank, which was certainly avoidable. We say so because, the High Court
could not have assumed that the documents produced by the respondent
No. 1 (writ petitioner) are genuine and admissible, despite the express
denial by the appellant-Bank and its officials on affidavit about being
party to the said agreement as alleged. If one reads the stated agreement,    C
it is in the nature of an order passed by some authority, running into
almost 20 closely typed pages, recording the stand taken by the parties
in the form of an agreement between them. From the terms stated therein,
it is unfathomable as to how the Bank would agree to such onerous
terms. Concededly, no policy document or authorisation of the signatory       D
of the Bank has been produced which would indicate that such an
agreement could be reached by the Bank with the respondent No. 1.
       14. Be it noted that on one hand, the case made out by the
respondent No. 1 is that he had sold his family gold and the sale proceeds
received were deposited in the concerned Branch of the appellant Bank         E
for withdrawal, as the amount was required by him for meeting medical
expenses of his ailing son suffering from cancer. At the same time, vide
alleged agreement, the respondent No. 1 conveniently agrees to invest
the amount for seven (7) years, which circumstance also raises serious
doubt about the genuineness of the document. We do not wish to
elaborate on the terms set out in the subject agreement except to observe     F
that the plea taken by the appellant-Bank about genuineness of the
document is debatable (triable) and is not a case of admitted position or
indisputable fact, so as to proceed against the appellant-Bank by directing
payment of the amount claimed by the respondent No. 1 (writ petitioner),
on the basis of such an agreement.                                            G
       15. The judgment of the learned single Judge has completely glossed
over these crucial aspects and the writ petition has been disposed of in a
very casual manner. The Division Bench of the High Court committed
the same error in upholding the decision of the learned single Judge.
The Division Bench has not even analysed the efficacy of the affidavits       H
688             SUPREME COURT REPORTS                            [2020] 7 S.C.R.


A     filed in support of the stand taken by the appellant-Bank during the
      pendency of the LPA. It merely reiterates the view taken by the learned
      single Judge in just two short paragraphs reproduced in paragraph 6
      above. It has not analysed the efficacy of the proceedings in Misc. Case
      No. 04 (DW1) PNB/1989-90, as well as, the certified copy of the
      proceedings filed in appeal before it, in the context of affidavits of Bank
B
      officials and report of the District Magistrate. The Division Bench was
      also misled by the voluminous documents relied upon by the respondent
      No. 1 and assumed that the same could not be a figment of imagination
      or a piece of fiction.
             16. Even if the impugned judgments were to be read as a whole,
C     there is no analysis of the relevant documents and in particular, the stand
      taken by the appellant-Bank expressly denying the existence of the stated
      agreement and genuineness thereof, which plea was reinforced from
      the affidavits of the concerned Bank officials and the report of the District
      Magistrate. Notably, the District Magistrate in the affidavit filed in
D     compliance of the order dated 18.3.2016 had clearly denied the existence
      of the stated proceedings for want of contemporaneous official record
      in that regard. This aspect has not been taken into account by the High
      Court at all. On facts, therefore, the High Court committed manifest
      error in disregarding the core jurisdictional issue that the matter on hand
      involved complex factual aspects, which could not be adjudicated in
E     exercise of writ jurisdiction.
             17. The appellant-Bank has rightly invited our attention to the
      Constitution Bench decision of this Court in Thansingh Nathmal (supra).
      In paragraph 7, the Court dealt with the scope of jurisdiction of the High
      Court under Article 226 of the Constitution in the following words: -
F
            “7. … The jurisdiction of the High Court under Article 226 of
            the Constitution is couched in wide terms and the exercise thereof
            is not subject to any restrictions except the territorial restrictions
            which are expressly provided in the Articles. But the exercise of
            the jurisdiction is discretionary: it is not exercised merely because
G           it is lawful to do so. The very amplitude of the jurisdiction demands
            that it will ordinarily be exercised subject to certain self-imposed
            limitations. Resort that jurisdiction is not intended as an
            alternative remedy for relief which may be obtained in a
            suit or other mode prescribed by statute. Ordinarily the
H           Court will not entertain a petition for a writ under Article
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                               689
              [A. M. KHANWILKAR, J.]

      226, where the petitioner has an alternative remedy, which              A
      without being unduly onerous, provides an equally
      efficacious remedy. Again the High Court does not generally
      enter upon a determination of questions which demand an
      elaborate examination of evidence to establish the right to
      enforce which the writ is claimed. The High Court does not
                                                                              B
      therefore act as a court of appeal against the decision of a court
      or tribunal, to correct errors of fact, and does not by assuming
      jurisdiction under Article 226 trench upon an alternative remedy
      provided by statute for obtaining relief. Where it is open to the
      aggrieved petitioner to move another tribunal, or even itself in
      another jurisdiction for obtaining redress in the manner provided       C
      by a statute, the High Court normally will not permit by entertaining
      a petition under Article 226 of the Constitution the machinery
      created under the statute to be by passed, and will leave the party
      applying to it to seek resort to the machinery so set up.
                                                      (emphasis supplied)     D
       Similarly, another Constitution Bench decision in Suganmal (supra)
dealt with the scope of jurisdiction under Article 226 of the Constitution.
In paragraph 6 of the said decision, the Court observed thus: -
      “6. On the first point, we are of opinion that though the High
      Courts have power to pass any appropriate order in the exercise         E
      of the powers conferred under Article 226 of the Constitution,
      such a petition solely praying for the issue of a writ of mandamus
      directing the State to refund the money is not ordinarily
      maintainable for the simple reason that a claim for such a refund
      can always be made in a suit against the authority which had            F
      illegally collected the money as a tax. …We do not find any
      good reason to extend this principle and therefore hold that
      no petition for the issue of a writ of mandamus will be
      normally entertained for the purpose of merely ordering a
      refund of money to the return of which the petitioner claims
      a right.”                                                               G
                                                      (emphasis supplied)
      And again, in paragraph 9, the Court observed as follows: -
      “9. We therefore hold that normally petitions solely praying for
      the refund of money against the State by a writ of mandamus are         H
690            SUPREME COURT REPORTS                              [2020] 7 S.C.R.


A           not to be entertained. The aggrieved party has the right of
            going to the civil court for claiming the amount and it is
            open to the State to raise all possible defences to the claim,
            defences which cannot, in most cases, be appropriately
            raised and considered in the exercise of writ jurisdiction.”
B                                                             (emphasis supplied)
            In Smt.Gunwant Kaur (supra) relied upon by the respondent
      No. 1, in paragraph 14, the Court observed thus: -
            “14. The High Court observed that they will not determine disputed
            question of fact in a writ petition. But what facts were in dispute
C           and what were admitted could only be determined after an affidavit
            in reply was filed by the State. The High Court, however,
            proceeded to dismiss the petition in limine. The High Court is not
            deprived of its jurisdiction to entertain a petition under Article 226
            merely because in considering the petitioner’s right to relief
D           questions of fact may fall to be determined. In a petition under
            Article 226 the High Court has jurisdiction to try issues both of
            fact and law. Exercise of the jurisdiction is, it is true, discretionary,
            but the discretion must be exercised on sound judicial principles.
            When the petition raises questions of fact of a complex
            nature, which may for their determination require oral
E           evidence to be taken, and on that account the High Court
            is of the view that the dispute may not appropriately be
            tried in a writ petition, the High Court may decline to try a
            petition. Rejection of a petition in limine will normally be justified,
            where the High Court is of the view that the petition is frivolous
F           or because of the nature of the claim made dispute sought to be
            agitated, or that the petition against the party against whom relief
            is claimed is not maintainable or that the dispute raised thereby is
            such that it would be inappropriate to try it in the writ jurisdiction,
            or for anologous reasons.”

G                                                             (emphasis supplied)
             We restate the above position that when the petition raises
      questions of fact of complex nature, such as in the present case, which
      may for their determination require oral and documentary evidence to
      be produced and proved by the concerned party and also because the
      relief sought is merely for ordering a refund of money, the High Court
H
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                                 691
              [A. M. KHANWILKAR, J.]

should be loath in entertaining such writ petition and instead must relegate    A
the parties to remedy of a civil suit. Had it been a case where material
facts referred to in the writ petition are admitted facts or indisputable
facts, the High Court may be justified in examining the claim of the writ
petitioner on its own merits in accordance with law.
        18. In the next reported decision relied upon by the respondent         B
No. 1 in Babubhai (supra), no doubt this Court opined that if need be, it
would be open to the High Court to cross-examine the affiants. We
may usefully refer to paragraph 10 of the said decision, which reads
thus: -
      “10. It is not necessary for this case to express an opinion on the       C
      point as to whether the various provisions of the Code of Civil
      Procedure apply to petitions under Article 226 of the Constitution.
      Section 141 of the Code, to which reference has been made, makes
      it clear that the provisions of the Code in regard to suits shall be
      followed in all proceedings in any court of civil jurisdiction as far
      as it can be made applicable. The words “as far as it can be made         D
      applicable” make it clear that, in applying the various provisions
      of the Code to proceedings other than those of a suit, the court
      must take into account the nature of those proceedings and the
      relief sought. The object of Article 226 is to provide a quick and
      inexpensive remedy to aggrieved parties. Power has consequently           E
      been vested in the High Courts to issue to any person or authority,
      including in appropriate cases any government, within the
      jurisdiction of the High Court, orders or writs, including writs in
      the nature of habeas corpus, mandamus, prohibition, quo warranto
      and certiorari. It is plain that if the procedure of a suit had also to
      be adhered to in the case of writ petitions, the entire purpose of        F
      having a quick and inexpensive remedy would be defeated. A
      writ petition under Article 226, it needs to be emphasised, is
      essentially different from a suit and it would be incorrect to
      assimilate and incorporate the procedure of a suit into the
      proceedings of a petition under Article 226. The High Court is not        G
      deprived of its jurisdiction to entertain a petition under Article 226
      merely because in considering the petitioner’s right of relief,
      questions of fact may fall to be determined. In a petition under
      Article 226 the High Court has jurisdiction to try issues both of
      fact and law. Exercise of the jurisdiction is no doubt discretionary,
                                                                                H
692             SUPREME COURT REPORTS                           [2020] 7 S.C.R.


A           but the discretion must be exercised on sound judicial principles.
            When the petition raises complex questions of fact, which
            may for their determination require oral evidence to be
            taken, and on that account the High Court is of the view
            that the dispute should not appropriately be tried in a writ
            petition, the High Court may decline to try a petition
B
            (see Gunwant Kaur v. Bhatinda Municipality [(1969) 3 SCC
            769]. If, however, on consideration of the nature of the controversy,
            the High Court decides, as in the present case, that it should go
            into a disputed question of fact and the discretion exercised by
            the High Court appears to be sound and in conformity with judicial
C           principles, this Court would not interfere in appeal with the order
            made by the High Court in this respect.”
                                                            (emphasis supplied)
              This decision has noticed Smt.Gunwant Kaur (supra), which had
      unmistakably held that when the petition raises complex questions of
D     facts, the High Court may decline to try a petition. It is further observed
      that if on consideration of the nature of the controversy, the High Court
      decides to go into the disputed questions of fact, it would be free to do so
      on sound judicial principles. Despite the factual matrix in the present
      case, the High Court not only ventured to entertain the writ petition, but
E     dealt with the same in a casual manner without adjudicating the disputed
      questions of fact by taking into account all aspects of the matter. The
      manner in which the Court disposed of the writ petition, by no stretch of
      imagination, can qualify the test of discretion having been exercised on
      sound judicial principles.

F            19. In Hyderabad Commercials (supra), on which reliance has
      been placed, it is clear from paragraph 4 of the said decision that the
      Bank had admitted its mistake and liability, but took a specious plea
      about the manner in which the transfer was effected. On that stand, the
      Court proceeded to grant relief to the appellant therein, the account
      holder. In the present case, however, the concerned officials of the Bank
G     have denied of being party to the stated agreement and have expressly
      asserted that the said document is forged and fabricated. It is neither a
      case of admitted liability nor to proceed against the appellant Bank on
      the basis of indisputable facts.

H
  PUNJAB NATIONAL BANK & ORS. v. ATMANAND SINGH                                  693
              [A. M. KHANWILKAR, J.]

       20. Even the decision in ABL International Ltd. (supra) will be           A
of no avail to the respondent No. 1. This decision has referred to all the
earlier decisions and in paragraph 28, the Court observed as follows: -
      “28. However, while entertaining an objection as to the
      maintainability of a writ petition under Article 226 of the Constitution
      of India, the court should bear in mind the fact that the power to         B
      issue prerogative writs under Article 226 of the Constitution is
      plenary in nature and is not limited by any other provisions of the
      Constitution. The High Court having regard to the facts of
      the case, has a discretion to entertain or not to entertain a
      writ petition. The Court has imposed upon itself certain restrictions
      in the exercise of this power. (See Whirlpool Corpn. v. Registrar          C
      of Trade Marks [(1998) 8 SCC 1]) And this plenary right of the
      High Court to issue a prerogative writ will not normally be exercised
      by the Court to the exclusion of other available remedies unless
      such action of the State or its instrumentality is arbitrary and
      unreasonable so as to violate the constitutional mandate of Article        D
      14 or for other valid and legitimate reasons, for which the Court
      thinks it necessary to exercise the said jurisdiction.”
                                                       (emphasis supplied)
        21. For the view that we have taken, it is not necessary for us to
dilate on the decisions of this Court in Bhinka (supra) and Kaliya (supra),      E
which have dealt with the efficacy and admissibility of certified copies
of the relevant documents. Be it noted that these decisions are in reference
to the suit/trial in the concerned case, where the documents are required
to be proved by the party relying upon it by examining competent
witnesses to prove the existence thereof and also their contents.                F
        22. A priori, we have no hesitation in taking the view that in the
facts of the present case, the High Court should have been loath to
entertain the writ petition filed by the respondent No. 1 and should have
relegated the respondent No. 1 to appropriate remedy for adjudication
of all contentious issues between the parties.                                   G
       23. Accordingly, we are inclined to allow this appeal. As a
consequence, the impugned decisions of the learned single Judge and
the Division Bench are set aside and the writ petition filed by the
respondent No. 1 shall stand dismissed with liberty to respondent No. 1
to take recourse to other alternative remedy as may be permissible in
                                                                                 H
694                SUPREME COURT REPORTS                       [2020] 7 S.C.R.


A     law. The same be decided on its own merits in accordance with law
      uninfluenced by the observations on factual matters made in the impugned
      judgment and order of the High Court or for that matter, this judgment.
      In other words, all contentions available to both parties are left open
      including to proceed against respondent No. 1 as per law, if it is found by
      the concerned Court/forum that false and incorrect statement on oath
B
      has been made by the respondent No. 1 and that the documents produced
      by him are forged and fabricated documents.
            24. In view of the above, this appeal succeeds. The impugned
      decisions are set aside and the writ petition filed by the respondent No.
      1 being CWJC No. 867/1999 stands dismissed with liberty as
C     aforesaid.There shall be no order as to costs. Pending interlocutory
      applications, if any, shall stand disposed of.


      Ankit Gyan                                                   Appeal allowed.

D




E




F




G




H