Smt. Ranjana Desai, J.

1. The question which arises in these writ petitions is whether while dealing with a written request made by a secured creditor under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (for short, “the NPA Act”), the Chief Judicial Magistrate or the District Magistrate as the case may be is required to give notice to the borrower or any person who may be in possession of secured asset and give him a hearing.

2. For the sake of convenience we propose to deal with Criminal Writ Petition No.2767 of 2006. Our judgment in this petition on the main issue will be applicable to all petitions. We have heard the learned counsel appearing for the petitioners in Criminal Writ Petition Nos.2767 of 2006, 27 of 2007 and 124 of 2007. We have also heard Mr. Subhash Zha, the learned counsel appearing for the petitioners in Criminal Writ Petition No.343 of 2007. Senior counsel Mr. Dwarkadas and Mr. D'Vitre and the learned counsel Mr. J.P. Shah have also made submissions. We have heard them on their request, though the petitions in which they are appearing have been disposed of by separate orders.

3. We have a