Csb Bank Ltd v. The Inspector of Police

ORDER The Writ Petition has been filed seeking a direction to the 1st, 2nd, and 3rd respondents to render necessary police assistance to execute the order passed by the learned Chief Metropolitan Magistrate at Egmore in Crl.M.P. No. 70728 of 2024 dated 21.01.2025.

¶2The petitioner is a financial institution that extended a loan facility to respondents 4 and 5 herein. While availing of the loan, they deposited their title deeds to create a secured asset. Thereafter, they committed default. Consequently, the petitioner initiated proceedings under the SARFAESI Act, took symbolic possession of the subject property, and subsequently brought the property to public auction, selling it to a third party. In order to take physical possession of the property, the petitioner filed a petition under Section 14 of the SARFAESI Act, 2002, seeking the appointment of an Advocate Commissioner Page3 of 4 to take physical possession of the mortgaged property. However, when the Advocate Commissioner inspected the property, respondents 4 and 5 objected. Therefore, the Advocate Commissioner was unable to take physical possession of the property. Hence, the Advocate Commissioner lodged a complaint before respondents 1 to 3; however, they failed to provide police protection to the Advocate Commissioner to execute the order passed by the learned Chief Metropolitan Magistrate at Egmore in Crl.M.P. No. 70728 of 2024 dated

21.01.2025.

¶3In view of the above, the first respondent is directed to conduct an enquiry after issuing notice to the counter-parties and pass appropriate orders to provide adequate police protection to the Advocate Commissioner to take physical possession of the subject property, within a period of two weeks from the date of receipt of a copy of this order.

¶4With the above directions, this Writ Petition is disposed of. No costs. 02-07-2026 SMA Page4 of 4

G.K.ILANTHIRAIYAN, J. SMA To

¶1The Inspector Of Police K9, Thiru Vi Ka Nagar Police Station, Thiru Vi Ka Nagar, Chennai.

¶2The Assistant Commissioner of Police Sembium Range, K1 Sembium Police Station, Chennai.

¶3The Deputy Commissioner of Police Pulianthope District P2 Otteri Police Station, Chennai.

¶4The Public Prosecutor, Madras High Court. 02-07-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CSB Bank Ltd Formerly Known as Catholic Syrian Bank Limited, Rep by its authorized officer, Mr.Ilangovan, Asset recorvery branch, Isbhahani Centre 6th Floor, Nungambakkam Main Road, Chennai. ..Petitioner(s) Vs 1. The Inspector Of Police K9, Thiru Vi Ka Nagar Police Station, Thiru Vi Ka Nagar, Chennai. 2. The Assistant Commissioner of Police Sembium Range, K1 Sembium Police Station, Chennai. 3. The Deputy Commissioner of Police Pulianthope District P2 Otteri Police Station, Chennai. 4. J.Srinivasan NO.21/7, Thirunavukkarasu Street, Preambur, Chennai. 5. S.Kanakadurga NO.21/7, Thirunavukkarasu Street, Preambur, Chennai. ..Respondent(s) Page2 of 4 PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus or Writ in nature of Mandamus or any other appropriate Writ by directing the 1st, 2nd and 3rd respondent to render necessary police assistance to execute the order passed by the Honourable Chief Metropolitan Magistrate at Egmore in Crl.MP.No.70728 of 2024 dated 21.01.2025 and pass such further or other orders. For Petitioner(s): Ms.R.Kalaivani For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu