Ramachandran and Another vs. Hatton National Bank and Others – sllr 2006 volume 1 page 393

In the case between Ramachandran and Another; Anandasiva and Another (Plaintiffs) and Hatton National Bank and Others (Defendants), the court considered whether the special “parate execution” provisions under the Recovery of Loans by Banks (Special Provisions) Act, No. 4 of 1990 apply to instances where property mortgaged by a guarantor, rather than by the borrower, is subject to such recovery. It was determined that the statutory scheme permits banks to realize mortgaged property through resolution, but the application of these provisions must be strictly construed in light of constitutional guarantees of due process and judicial oversight. The findings established that only properties mortgaged by the borrower may be subjected to parate execution, thereby safeguarding constitutional and