Mk Aromatics Limited v. The Chief Manager And Authorized Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.10.2025
CORAM
THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN M/s. MK Aromatics Limited, Rep by its Managing Director, Dr. Mahesh Merchant, Plot No.43-47, SIDCO Industrial Estate, Alathur, Tamil Nadu - 603110.
: Petitioner versus 1.The Chief Manager & Authorized Officer, Asset Recovery Cell, Bangalore Zone, Bank of Maharashtra, Zonal Office, Bengaluru, No. 465/A, 22nd Cross, 3rd Block, Opp. NMKRV College for Women, Jayanagar, Bengaluru - 560011.
2.The Chief Manager & Authorized Officer, Koramangala Branch, Bank of Maharashtra, Koramangala Branch, 440, Main, 4h Block, Kormangala, Bengaluru -560034.
3.The Executive Director, Bank of Maharashtra, No.1501, Lokmangal, Shivaji Nagar, Pune - 411005.
4.The Chief Judicial Magistrate, Chengalpattu District, MXCG+G85, VOC Nagar, Chengalpattu, Vallam-603001 : Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari and call for the records pertaining to the Impugned order dated 20.05.2025 passed by the 4th Respondent in CRL. MP. No.1389 of 2025 and quash the same along with all consequential notices. For Petitioner :
Mr.D.Prabhu Mukunth Arun Kumar
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) After having heard the learned counsel for the petitioner, we are of the view that the petitioner has an alternative remedy of approaching the Debts Recovery Tribunal if he is aggrieved by the order passed by the Chief Judicial Magistrate in the matter of handing over possession under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short, 'the Act').
2. This is more so because learned counsel for the petitioner would fairly submit that he is not in a position to dispute the settled legal position that no notice is required to be issued to the borrower in a proceeding initiated under Section 14 of the Act.
3. Accordingly, with liberty to challenge the order passed under Section 14 of the Act by the Chief Judicial Magistrate, the petition is dismissed. There will be no order as to costs. Consequently, WMP Nos.41153 and 41154 of 2025 are closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 08.10.2025 Index : Yes/No : Yes/No tar To 1.The Chief Manager & Authorized Officer, Asset Recovery Cell, Bangalore Zone, Bank of Maharashtra, Zonal Office, Bengaluru, No. 465/A, 22nd Cross, 3rd Block, Opp. NMKRV College for Women, Jayanagar, Bengaluru - 560011.
2.The Chief Manager & Authorized Officer, Koramangala Branch, Bank of Maharashtra, Koramangala Branch, 440, Main, 4h Block, Kormangala, Bengaluru -560034.
3.The Executive Director, Bank of Maharashtra, No.1501, Lokmangal, Shivaji Nagar, Pune - 411005.
4.The Chief Judicial Magistrate, Chengalpattu District, MXCG+G85, VOC Nagar, Chengalpattu, Vallam-603001
THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.
(tar) 08.10.2025