SC:If writ requires determination of facts, parties to be relegated to civil suit

The Hon’ble Supreme Court, on 6th May 2020, in the matter of Punjab National Bank & Ors. v.Atmanand Singh & Ors. pronounced that when writ petition raises questions of fact of complex nature, which may for their determination require oral and documentary evidence to be produced and proved by the concerned party the High Court should be loath in entertaining such writ petition and instead must relegate the parties to remedy of a civil suit.

The Hon’ble Supreme Court observed that:

When the petition raises questions of fact of complex nature, 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 should be loath in entertaining such writ petition and instead must relegate the parties to remedy of a civil suit. (Para 17)

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.  (Para 18)

Copy of judgement: Judgement_06-May-2020

-Adv. Tushar Kaushik

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