S. K. Rahuman Maulana vs People’s Bank – CA 1012/2008-2013

In S. K. Rahuman Maulana v. People’s Bank and others, the court addressed whether the resolution by People’s Bank to auction the petitioner’s mortgaged property for default on a Rs. 3,500,000 loan was legally valid. The court held that the bank’s actions in proceeding with the auction were lawful, that the amended Recovery of Loans by Banks (Special Provisions) Act does not apply retrospectively, and that writ jurisdiction is not suitable where there are disputed factual issues or delay by the applicant. The principles reaffirmed include the non-retrospective application of statutes, the discretionary nature of writ remedies, and the bar on relief due to laches and suppression of material facts. Statutory interpretation and equitable considerations were emphasized, highlighting that judici