Harjani and Another Vs. Indian Overseas Bank and Others – sllr 2005 volume 1 page 167

In the case between Harjani and Another (Plaintiffs) and Indian Overseas Bank and Others (Defendants), the court addressed whether the Recovery of Loans by Banks (Special Provisions) Act empowers a private or foreign banking company to sell mortgaged property by public auction under a resolution, and whether such an act may be reviewed judicially through a writ of certiorari. The decision established that statutory powers conferred upon banking companies—regardless of origin—are subject to the Court’s supervisory jurisdiction when exercised under the Act, even where the party affected is described only as a surety. The holding reaffirmed the principle that judicial review via certiorari extends to statutory powers exercised by private banking entities, relying on a review of relevant statu