The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.

JUDGMENT

(Prayer: Revision filed under Article 227 of the Constitution against the order dated 19.07.2021 passed in C.S.No.133 of 2019 and C.S.No.184 of 2021 on the file of the Ordinary Original Civil Jurisdiction (Commercial Division) of this Court.)

M. Duraiswamy, J.

1. Challenging the interim order passed by the learned Single Judge of this Court in C.S.No.184 of 2021, the defendant in the said suit has filed the Civil Revision Petition under Article 227 of the Constitution.

2. On scrutinizing the papers, the Registry raised a query as to the maintainability of the Civil Revision Petition under Article 227.

3. The learned counsel for the petitioner, vehemently contended that the Civil Revision Petition is very much maintainable before the Division Bench of this Court challenging the order passed by the learned Single Judge and in support of his contention, the learned counsel relied upon a judgment of the Division Bench of Gujarat High Court reported in 2018 SCC Online Guj 1515 [State of Gujarat Vs. Union of India] wherein the Division Bench has stated as follows:

“…

33. Even otherwise, considering the wordings used in Section 8 of the Commercial Courts Act, there is a serious doubt whether the bar under Section 8 of the Commercial Courts Act shall be applicable to the petitions under Article 227 of the Constitution of India. Section 8 of the Commercial Courts Act reads as under:

“8. Bar against revision application or petition against an interlocutory order - Notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a Commercial Court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against the decree of the Commercial Court.

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41. In view of the above and for reasons stated above and considering the decisions of Hon’ble Supreme Court referred to hereinabove, our conclusions in nutshell are as under:

(1) The bar contained under Section 8 of the Commercial Courts Act against entertainability of “civil revision application or petition” against the interlocutory orders passed by the subordinate/Commercial Courts, shall not be applicable to the writ petitions under Article 227 of the Constitution of India.

(2) The bar contained in Section 8 of the Commercial Courts Act shall not affect the supervisory jurisdiction of the High Courts under Article 227 of the Constitution of India in respect of the orders, including interlocutory orders, passed by the Commercial Court and writ petitions under Article 227 of the Constitution of India may be entertainable, however, subject to the following observations and restrictions:-

(a) Supervisory jurisdiction under Article 227 of the Constitution is exercised for keeping the subordinate Courts within the bounds of their jurisdiction. When the subordinate Court has assumed a jurisdiction which it does not have or has failed to exercise a jurisdiction which it does have or the jurisdiction though available is being exercised by the Court in a manner not permitted by law and failure of justice or grave injustice has occasioned thereby, the High Court may step in to exercise its supervisory jurisdiction.

(b) The supervisory jurisdiction under Article 227 of the Constitution of India may not be exercised to correct mere errors of fact or of law and may be exercised only when the following requirements are satisfied:-

(i) the error is manifest and apparent on the face of the proceedings such as when it is based on clear ignorance or utter disregard of the provisions of law, and

(ii) a grave injustice or gross failure of justice has occasioned thereby

(c) A patent error is an error which is self-evident, i.e., which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of reasoning. Wher