The High Court · 2025

5. Lending Kart Finance Limited, _Chola Regd Office Addrdss. Unit no pS 40 and i13t','"'&*,i'lif firuffi??ft t1?Slitfl U's;nffi [Yil#,??,;{,,,g33id. Financiat District, Irlanikonda Jagilr, Telangani- socjos2 Aod 3 ?0i; +th Flbor, ^ lggni" Shyamat, Near Shyamat erdss Roa"Oi, Anm;a;b;a: 38b0is' 6. Kisetsu Saison Financq, I Credit Saison rinahcel creoii saiion Ao-itva Trade gpntre (F-and^G€tocks) 7-1-619, Unit no 106, 1 stFlooi, nir-Je'rpJtl' Hyderabad-500038. 7- Hero Fincrop,.t*4Q7-4o8,4th Floor, Ashoka myhome chambers, commercial ^ complex, Sindhi, cgl.ony, secun.deraQq{, Hyd'eraoio, leiinginb sObooe 8. Ilgggry! credit iqr. !td, ullt no..6pzl,, a(n Froor, r-are sn6ieto*Ln, ,iiud,_1"p",'.:;P#sifilu[B?r3qi!tsl1y3,5l,"x::???3€gg?,:,r*, 1,1.81h Floor, J_upitert/ills coinpound, g41 senapaini Bapat Grg,"" Eelphinstone R6ad, Mumbai-400013. '--F 10.Ambit Finvesuft cash, Kanakiaambit wall street; Sth Floor, A s06-s10, Andheri- Kurla Road, Andheri East, Mumbai-400093 Farm Road, Chandivali, Andheri (east), MumbIi-+OOO72 1 1. FT ceh,A-409, 4th Fl.oor, B.9orye.1ang Building, yadav Nagar, chandivali l2.Cholamandalam lnvestment and Finance Company Limited, Add. Chola Crest c54-55 an.{ p.qn_e1[4,-Ttriru-vi-ka industrial estate, Guindy,'Chennai-60003, - - -- 13.ASHV FINAN.CE !td'.D.fo.1 . 6-3-35_4_/1. 3rd Floor,' Steitai; 'phnix noaO, Panjagutta, Hyderbad, Teglangana-S000g2. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High-Court may be pleased to issue an appropriate Writ, Order or Direction, more-particularly one in the nature of Writ of Mandamus, declaring the action of Respondent Nos. 4 to 13 in harassing the petitioner through loan recovery agents by sending them to the petitioners house and office without permission and harassing, humr:liating him in front _9f neighbours without following the guidelines of Reserve Bank of lndiaRBl/2022-231108 DOR ORG REC 65/21.04.1s,t2022-23 and due process of law is arbitrary, erroneous, illegal, unconstitutional and violation of Artictes 14 and 21 of Constitution of lndia,1949 and consequently direct the Respondent Nos. 4 to 13 not to send any loan recovery agents to the petitioner's house and office, follow due process of law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, [ne Higfr Court may be pleased to direct.the Respondent Nos. 4 to 13 not to harass anJ lntimidate tlhe petitioner by sending loan recovery agents to the petitioner's house and officein tire presence of neighbours without following the guidelines of Reserve Bank of lndia as enunciated by the Hon'ble Apex Court in the case of lcl Cl Bank V/s. Shanti Devi and others and to ensure the following of due process of taw, pending disposal of the above writ petition. counsel for the Petitioners:sRl. G. VENKAT RATNAM GouD counsel for the Respondents No 1 &2: Dy. soLlclroR GEN oF tNDtA Counsel for the Respondent No 3: Gp FOR HOME Counsel for the Respondent No 4: SRI R. MANGULAL counsel for the Respondents No 6: M/S RAMYA KUNAPAREDDY counsel for the Respondent No 7: sRt B. PRAVEEN KUMAR REDDY Counsel for the Respondent No 9: V. SANTOSH Counsel for the Respondents No 5, g, 10 To 13: -- The Court made the following: ORDER 1 w9_4247 _2025 NBK, J CO R THE AT HYDERABAI) THE HON' BLE SRI JUSTI NAGE,SH BHEEMAPAKA WRIT PETITION No. 4247 of 2025 02'd December,2025 BETWEEN IWs Ereno Medical Specialities, Hyderabad Represented by its Proprietor Mrs. M. Pavani ilo Mr. Raghunatha Babu AND Petitioner

1. The Union of lndia, represented by Secretary, Ministry of Finance, New Delhi, and Others ORDER: Respondents The case of the petitioner, precisely as per the writ affidavit, is that it has availed loans/credit facilities from respondents No.3 to 13 (who are Banks and financial institutions), and it has been promptly repaying by borrowing from others, and it did not make the last few payments to the respondents No.3 to 13; and the petitioner is in difficult situation in meeting the expenses. While so, it is the grievance of the petitioner that the representatives/agents of respondents No.3 to 13 are continuously calling, and intruding into the house of the petitioner and threatening him to repay the loans, and that the procedure adopted by the respondents No.3 to 13 is not as per the RBI Guidelines for recovery of loans, and therefore the petitioner seeks a direction to the respondents No.3 to 13 to follow due process of law for recovery of loans. S \./ 2 wp_4241_2025 NBK,J 2' counter affidavits have been filed on beharf of respondent No.6-Kisetsu saison Finance, and respondent No-9-Aditya Birla Finance, essentially contending that the petitioner has availed loans/credit facility and has defaulted in monthly repayments, and that the respondents are scrupulously adhering to the RBI circular dated 12.08.2022 for recovery of loans, and the allegations of harassment, intimidation, coercive recovery, or any unrawfur conduct by the Bank staff agents are categorically denied. 3. Heard Mr. G. Venkat Ratnam, leamed counsel for the petitioner, and learned standing counsel for respondent No.2-RBI. perused the record. 4' At the hearing, reamed counsel for the petitioner submits that this coun in w.P.No'5200 of 2024, dated25.04.2024,by refening to the law laid down by the Hon'ble Supreme court in ICICI Bank Ltd. vs. prakash Kaurl, and ICICI Bank vs. Shanti Devi Sharma2 directed the banks and financial institutions to strictly folrow the RBI guidelines for recovery of loans, and therefore the respondents No.3 to 13 may be directed to foilow the guiderines and not to trespass into petitioner's house or not to harass him. 5. Learned standing counsel for RBI submits that all the Banks and financial institutions are duty bound to folrow the guidelines stipulated in the circular dated 12.08.2022 whire attempting to recover the loans, and the Banks/financial institutions cannot deviate from those guidelines. 6' Having considered the respective submissions and perused the record, it is to be noted that this court in w.p.No.52o0 of 2024,, dated25.04.2024, directed as foliows: "8. For the aforesaid .easons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount ftom the petitibner, amounts to violation of the right guaranteed under Articles 14 and 21 ol I (2007) 2 sCC 711 , (200cI7 scc s32 3 w9_4247_2025 NBK, J the Constitution of India, this Gourt deems it appropriate to direct the respondents, to ensure that the agent engaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank of lndia and also the judgments of the Hon'ble Supreme Court in lclCl Bank Ltd., vs. Prakash Kaur's case (1 supra) and lClCl Bank vs. Shanti Devi Sharma's case (2 supra)"

7. Accordingly, in terms of the Order dated 25.04.2A24 in W.P.No.5200 of 2024, and for reasons alike, the writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. SD/-P.G. SULEKHA ASSISTANT //TRUE COPYII SECTION OFFICER To,

1. The Secretary, Ministry of Finance, Union of lndia, 2. The chief General Manager, Reserve Bank of lndia, 6, sansad Marg, New Delhi Delhi - 110001.

3. The station House officer, Begumpet police station, Begumpet main road. 4. one cc to sR!. G VENKAT RATNAM GouD, Advocate topucl 5. One CC to loPUcI Dy. SOLICITOR GEN. OF tNDtA ffi[6AR, Hyderabad. [OUT]

6. Two ccs to Gp FoR HOME, High court forthe state oiTelangana at 7. One CC to SRI R. MANGULAL, Advocate [OpUC] 8. One CC to Ir//S RAMYA KUNAPAREDDY, Advocate toPuc] 9. one cc to- sRl B. PRAVEEN KUMAR REDDY, Advocate topucl 10. One CC to SRt V. SANTOSH, Advocate tOpUCl 11. Two CD Copies DAN BS ry/ ? HIGH COURT DATED i0211212025 ORDER WP.No.4247 of 2025 THE {;;4 ,$ r () 13 nru ilffi + PATc, 'i.. DISPOSING OF THE WRIT PETITION WITHOUT COSTS \