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2026 DAILYLAW 54988 (MAD)

Kotak Mahindra Bank Ltd v. The Deputy Commissioner of Police

WP Crl./1686/2026 · 2026-07-16

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 1686 of 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 WP Crl. No. 1686 of 2026 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. https://www.mhc.tn.gov.in/judis WP Crl. No. 1686 of 2026 __________ Page2 of 4 For Petitioner(s): Mr.K.Mariappan For Respondent(s): Mr.R.Ganesh Kumar Counsel for Government 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. 2. The 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. https://www.mhc.tn.gov.in/judis WP Crl. No. 1686 of 2026 __________ Page3 of 4 3. In 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. 4. With the above observations and directions, this Writ Petition is disposed of. No costs. 16-07-2026 SMA To 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. 4. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis WP Crl. No. 1686 of 2026 __________ Page4 of 4 G.K.ILANTHIRAIYAN, J. SMA WP Crl. No. 1686 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis