JUDGMENT :

Prasenjit Biswas, J.

1. The instant application is filed at the behest of the petitioner under Article 227 of the Constitution of India challenging the impugned judgment and order dated 20th May, 2011 passed by the Debts Recovery Appellate Tribunal, Kolkata, in connection with Appeal No. 11 of 2006.

2. The moot question is that whether the High Court arrogates to itself the powers of the court of appeal and over strapped its jurisdiction under Article 227 of the Constitution of India.

3. At the very outset, learned Counsel appearing on behalf of the opposite party draws attention of this Court about the observations rendered by the Hon’ble Apex Court in case of Bathutmal Raichand Oswal Vs. Laxmibat R. Tarta And Another reported in (1975) 1 Supreme Court Cases 858 wherein Hon’ble Apex Court observed interalia that the jurisdiction of the High Court under Article 227 is limited only to see that the subordinate Court functions within limits of its authority and does not extend to correction of mere error of fact by examining the evidence and re-appreciating it. The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appe