JUDGMENT

(Dated this the 20th day of February, 2026)

The petitioner is a guarantor to a loan taken by the 1^st respondent, which is an MSME Enterprise. When the 1^st respondent failed to remit the loan amount due to the respondent bank, the bank initiated proceedings under the SARFAESI Act and notices under Section 13 of the Act were issued. Ext.P10 is the notice issued by the Advocate Commissioner on 05.12.2025 for taking physical possession of the secured asset. The petitioner is aggrieved by Ext.P11 notice memo dated 19.12.2025 issued by the Advocate Commissioner in M.C. No.705/2025 to take physical possession of secured asset.

2. The prayers in this writ petition are as follows:

a) Declare that Section 14 of the SARFAESI Act is unconstitutional and void being violative of Articles 14 and 21 inasmuch as it does not expressly mandate that the principles of natural justice shall be observed which has resulted in the Magistrates passing orders, even against MSME borrowers without noticing the fact that the notification dated 29.5.2015 prohibits banks and financial institutions from classifying the account of an MSME as NPA without constituting a committee upon identification of inci