1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2479 OF 2009 Kotak Mahindra Bank Ltd. ... Petitioners. V/s. State of Maharashtra. ... Respondent. Mr. Venkatesh Dhond and Faisal Sayeed and Mayur i/b. M/s. Manilal Kher Ambalal & Co. for the Applicant. Mr. S.R. Shinde, APP for the State.s CORAM : S.C. DHARMADHIKARI,J. DATED : 02 FEBRUARY 2010. P.C. :- Heard Mr. Dhond, learned Advocate appearing on behalf of the Petitioner – Bank and the learned APP for the State. 2. The Petitioner – bank had resorted to the proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI) Act. After the requisite pre-conditions were satisfied, the Petitioner applied for taking possession by making an application to the concerned Metropolitan Magistrate. He directed issuance of notice to the Borrower before possession of the immovable property can be taken. 3. The only contention raised before me is that Section 14 does not contemplate any such requirement. Once the proceedings under Section 13 are concluded and have attain 2 finality, all that remains is to take physical possession of the immovable property which is a security of the Bank. At such stage, no notice is required to be given to the Borrower. All the more, when he has been heard at all earlier stages. 4. This submission is well founded and stands supported by a Judgment of this Court in Criminal Writ Petition No.161 of 2008 decided on 26th September 2008 in the case of very same Bank (Petitioner herein). 5. In the light thereof, orders passed by the Chief Metropolitan Magistrate dated 3rd December 2007 and 25th June 2009 to the extent it requires issuance of notice to the Borrower, are quashed and set aside and the concerned Magistrate is directed to taken the necessary steps so as to enable the Petitioners to obtain physical possession of the property in question. The learned Metropolitan Magistrate should abide by the law and not insist upon any notice to the Borrower prior to physical possession being given to the Petitioner. The Petition is allowed in these terms. (S.C. DHARMADHIKARI,J.)