Kotak Mahindra Bank Ltd v. The Deputy Commissioner of Police

ORDER This petition has been filed seeking directions to the Respondents to provide police Assistance to the advocate commissioner for executing SARFAESI warrant under section 14 of SARFAESI Act pursuant to the Order dated 15.09.2025 passed by Learned Chief Metropolitan Magistrate, Egmore, in Crl.M.P.NO.11447 of 2025.

¶2The petitioner is a banking company that advanced a loan to the borrowers. At the time the loan was availed, the borrowers deposited the title deeds as security. Thereafter, the borrowers committed a default, prompting the petitioner to initiate proceedings under the SARFAESI Act. To take physical possession of the secured property, the petitioner filed an application under Section 14 of the SARFAESI Act in Crl.M.P. No. 11447 of 2025. This application was allowed by an order dated 15.09.2025, whereby Mrs. E. Thenmozhi was appointed as the Advocate Commissioner to take physical possession of the secured asset. However, the Advocate Commissioner was unable to take physical possession because the borrowers and tenants objected to the execution of the order. Page3 of 4

¶3In view of the above, the 3rd respondent is directed to provide police protection as ordered by the learned Chief Metropolitan Magistrate, Egmore, in Crl.M.P. No. 11447 of 2025 dated 15.09.2025, within a period of two weeks from the date of receipt of a copy of this order.

¶4With the above observations and directions, this Writ Petition is disposed of. No costs. 16-07-2026 SMA To

¶1The Deputy Commissioner of Police Koyembedu District. Koyembedu.

¶2The Assistant Commissioner of Police Koyembedu Range, Koyembedu.

¶3The Inspector of Police K-10 Koyambedu Police Station, Chennai, Tamil Nadu 600 107.

¶4The Public Prosecutor, Madras High Court. Page4 of 4

G.K.ILANTHIRAIYAN, J. SMA 16-07-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Kotak Mahindra Bank Ltd Rep by its Authorized Officer, Mr.V.K.Yunus Mohammed, 4th Floor, A Wing, Samson Towers, 402L-Pantheon Road, Egmore, Chennai-600 008. ..Petitioner(s) Vs 1. The Deputy Commissioner of Police Koyembedu District. Koyembedu. 2. The Assistant Commissioner of Police Koyembedu Range, Koyembedu. 3. The Inspector of Police K-10 Koyambedu Police Station, Chennai, Tamil Nadu 600 107. ..Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of of Writ of Mandamus, directing the Respondents to provide police Assistance to the advocate commissioner for executing SARFAESI warrant under section 14 of SARFAESI Act pursuant to the Order dated 15.09.2025 passed by Learned Chief Metropolitan Magistrate, Egomre, in Crl.M.P.NO.11447 of 2025 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render Justice. Page2 of 4 For Petitioner(s): Mr.K.Mariappan For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government