BALAJI TRADERS v. 1. THE UNION OF INDIA

5. IDFC FIRST BANK, REP. BY ITS AUTHORIZED SIGN;TORY THE SQUARE, C-61, G BLOCK, GROUND FLOOR TO 8TH FLOOR, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI, MAHARASTRA - 4OOO 51.

6. THE RESERVE BANK OF INDIA, REP. BY ITS CHIEF GENERAL MANAGER 6-1 -56, SECRETARIAT ROAD, SAIFABAD, KHAIRATABAD, HYDERABAD, TELANGANA-sOOOO4.

7. HDFC BANK, REP. BY ITS AUTHORIZED SIGNATORY HDFC HOUSE, H T PAREKH MARL, 165.166, BACKBAY RECLAMATION, CHURCHGATE, MUMBAT- 400020.

8. INDUSIND BANK, REP. BY ITS AUTHORIZED SIGNATORY CORPORATE OFFICE, 2-57, ROAD NO.17, MIDC, INDUSTRIAL ESTATE, NTAROL, ANDHERI EAST, MUMBAI, MAHARASHTRA - PINE CODE. 4OO O57

9. IDFC FIRST BANK, REP. BY ITS AUTHORIZED SIGNATORY THE SQUARE, C-61, G BLOCK, GROUND FLOOR TO BTH FLOOR, BANDRA KURLA COMPLEX, BANDRA EAST, IVIUMBAI, MAHARASTRA - 4OOO 51. lO.STATE BANK OF INDIA, REP. BY ITS MANAGER SBI LHO; BANK STREET, OPP. ENT HOSPITAL, SULTAN BAZAR, KOTI, HYDERABAD, TELANGANA-500096. 1 1 . SBI CARDS, REP. BY ITS MANAGER DLF CYBER CITY, TOWER C, BLOCK-2, BUILDING 3, DLF INFINITY TOWERS, 12TH FLOOR, GURUGRAM-122002,

12.ICICI BANK LIMITED., REP. BY ITS MANAGER ICICI BANKTOWER, NEAR CHAKLI CIRCLE, OLD PADRA ROAD, VADODARA.3gOOO7.

13. YES BANK LIMITED., REP. BY ITS MANAGER YES BANK HOUSE, WESTERN EXPRESS HIGHWAY, ANAND NAGAR, VAKOLA, SANTACRUZ EAST, MUMBAI, MAHARASHTRA 4OOO55.

14.AXIS BANK LIMITED., REP. BY ITS AUTHORIZED SIGNATORY AXIS HOUSE, C-2, WADIA INTERNATIONAL.

15. SMFG INDIA CREDIT CO. LIMITEDPITAL SERVICES PRIVATE LIMITED, REP. BY ITS MANAGER COMMERZONE IT PARK, TOWER B, 1ST FLOOR, NO. 111, MOUNT POONAMALEE ROAD, PORUR, CHENNAI. 600116.

16.GODREJ FINANCE LIMITED, REP. BY ITS MANAGER, GODREJ ONE, EASTERN EXPRESS HIGHWAY, VIKHROLI EAST, MUMBAI- 4OOO79.

17. POONAWALLA FINCORP LIMITED, REP. BY ITS MANAGER 201 , KOREGOAN PARK ANNEX, MUNDHWA, PUNE.41 1036.

18.UNITY SMALL FINANCE BANK, REP. BY ITS MANAGER CENTRUM HOUSE, CST ROAD, KALINA, SANTACRUZ EAST, MUMBAI- 4OOO9B.

19.CLIX CAPITAL SERVICES PRIVATE LIMITED, REP. BY ITS MANAGER 901, gTH FLOOR, TWO HORIZON CENTRE, DLF PHASE V, GURUGRAM- 122002.

20.NEOGROWTH CREDIT PRIVATE LIMITED, REP. BY ITS MANAGER TIMES SQUARE, TOWER E, gTH FLOOR, ANDHE.RI KURLA ROAD, MAROL, ANDHERI EAST, MUMBAI-400059.

21.INDIAN BANK, REP. BY tTS MANAGER H.NO. 4-105812, EAST GANDHI NAGAR, NAGARAM, HYDERABAD.

22.BAJAJ FINSERV, REP. BY ITS MANAGER 4TH FLOOR, BAJAJ FINSERV CORPORATE OFFICE, VIMAN NAGAR, PUNE.41 1014 I9.MAHINDRA FINANCE REP. BY ITS MANAGER 1ST FLOOR, W TOWERS, TRIMULGHERRY ROAD, KARKHANA SECUNDERABAD . 5OOOO9

23. MAHINDRA FINANCE, REP. BY ITS MANAGER 1ST FLOOR, W TOWERS, TRIMULGHERRY ROAD, KARKHANA, SECUNDERABAD 5OOOO9. .....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 a Writ, Order, or: Direction, more particularly one in the nature of a Writ of Mandamus, declaring the actions of Respondent Nos. 3 to 19 in sending recovery agents to the residence of the Petitioner and threatening her with dire consequences for non-repayment of loans as illegal, arbitrary, and violative of Artictes 14, 19, and 21 of the Constitution of lndia and consequenfly direct Respondent Nos.3 to 19 to forthwith cease such acts and stricfly follow the procedure established by law for recovery of any amounts that may be due and further direct Respondent Nos. 1 and 2 to initiate appropriate action against Respondent Nos. 3 to 19 for violating the guidelines of the Reserve Bank of lndia and the law laid down by this Hon'ble Court in lClcl Bank Ltd. v. prakash Kaur and Ors. l.A.NO:1 oF 202s Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No. 3 to 19 to forthwith stop sending recovery agents to the Petitioner's residence. counsel for the Petitioner : SMT KANKANALA SUMALATHA counsel for the Respondent No.l : sRl N.BHUJANGA RAo, DEpury SOLICITOR GENERAL OF TNDIA counsel for the Respondent No.2 : sRl K.RATHANGA pANl REDDY counselfor the Respondent Nos.3 & 9 : sRl N.B.SUDARSHAN counsel for the Respondent No.4 : sRt G.PRAVEEN KUMAR Counset for the Respondent Nos.S & 6 : - counsel for the Respondent No.7 : sRl M.VIVEKANANDA REDDY Counsel for the Respondent No.8 : SRt M.V.KlNt CO ADVOCefEi SOLTCTTORS Counsel for the Respondent No.10 : DR. M.p.KASHyAp Counsel for the Respondent No.13, 1g & 19 : Ms. K.RAMYA counsel for the Respondent No.17 : sRl K.NIRANJAN REDDY The Court made the following ORDER THE HON'BLE SRI JI'STICE NAGESH BHEEMAPAKA WRIT PETITION No.14372 cf 2O2S OTiTETSTiE sri Kankanala sumalatha, learned counsel for the petitioner; Sri N.Bhujanga Rao, learned Deputy Solicitor General of India for respondent No.1; Sri K Rathanga Pani Reddy, learned counsel for respondent No.2; Sri N B Sudarshan, learned counsel for respondent Nos.3 & 9; Sri G. praveen Kumar, learned counsel for respondent I'1o.4; Sri lrri. Vivekananda Reddy, learned counsel for respondent No.7; Sri M V Kini Co Advocates Solicitors, learned counsel for respondent No.8; Dr. M.p.Kashyap, learned counsel for respondent irlo.10; Ms. K. Ramya, learned counsel for respondent Nos.13, 18 & 19 and Sri K. Niranjan Reddy, learned counsel for respondent No.17.

2. When the matter is taken up f:r hearing, learned counsel for petitioner submitted that the issue raised in this Writ petition is squarely , covered by the order passed by this Court in W.P.No.520O of 2024, dated I 25.04.2024 and therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: , I -by '8- For the aforesaid reasons and as the procedure the respondent Nos.4 to z for recovery of loan adopted amourtt from the petitioner, amounts to violation of ihe rights guaranteed under Articles 14 and 2l of the Constitutioi of India, this court deems it appropriate to direct the respondents, to ensure that the agenti engaged by them for recovery of the loan amounts, shail i"uy iorl0w the q"ldelines and instructions issued by the Reslrve Bank of India and_also the judgments of trre Honble supreme court in rcrcr Bank Ltd vs. prakash Kaur's case (i supra) and ICICI Bank Vs. Shanti Devi Sharma,s case (2 "t "rp..j. ' ' 2

9. With the above said direction, the writ petition is disposed of."

3. Learned counsel for respondent Nos.1, 2, 3, 4, 7, 8, 9, 10, 13, 17, 18 and 19 have no objeclion.

4. Accordingly, in terms of the order passed by this Court in W.P.No.5200 of 2024, {ated 25.O4.2024, and, for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupulously follorv the guid-clines/instructions issued by the Reserve Bank <rf India in its Circular dated 12.08.2022 and also the judgments of I{on'ble Supreme Coui't in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, rvhile recovering the loan amounts from the Petit^-ner. Pending misccllaneous applications, if any, shall stand closed No costs 0712 scc 711 08) 7 SCC s32 1(20 2(20 \ //TRUE COPY// SD/. U. SUDHA ASSISTANT RE$ISTRAR (q SECTION OFFICER To E SECRETARY, UNION OF INDIA, MINISTRY OF FINANCE

2. THE CHIEF GENERAL MANAGER, THE RESERVE BANK OF INDIA 6.1-56, SECRETARIAT ROAD, SAIFABAD, KHAIRATABAD, HYDERABAD, TELANGANA-5OOOO4

3. THE AUTHORIZED SIGNATORY, HDFC BANK, HDFC HOUSE, H T PAREKH MARL, 165-166, BACKBAY RECLAMATION, CHURCHGATE, MUMBAI. 4OOO2O

4. THE AUTHORIZED SIGNATORY, INDUSIND BANK, CORPORATE OFFICE, 2-57, ROAD NO.17, MIDC, INDUSTRIAL ESTATE, MAROL, ANDHERI EAST. MUMBAI. MAHARASHTRA - PINE CODE. 4OO 057.

5. THE AUTHORIZED SIGNATORY, IDFC FIRST BANK, THE SQUARE, C-61, G BLOCK, GROUND FLOOR TO 8TH FLOOR, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI, MAHARASTRA - 4OOO 51.

6. THE MANAGER, STATE BANK OF INDIA, SBI LHO, BANK STREET, OPP. ENT HOSPITAL, SULTAN BAZAR, KOTI, HYDERABAD, TELANGANA- 500096.

7. THE MANAGER, SBI CARDS, DLF CYBER CIry, TOWER C, BLOCK-2, BUILDING 3, DLF INFINITY TOWERS, 12TH FLOOR, GURUGRAM.122OO2.

8. THE MANAGER, ICICI BANK LIMITED., ICICI BANK TOWER, NEAR CHAKLI CIRCLE, OLD PADRA ROAD, VADODARA-390007.

9. THE MANAGER, YES BANK LIMITED., YES BANK HOUSE, WESTERN EXPRESS HIGHWAY, ANAND NAGAR, VAKOLA, SANTACRUZ EAST, MUMBAI, MAHARASHTRA 4OOO55. 1O.THE AUTHORIZED SIGNATORY, AXIS BANK LIMITED., AXIS HOUSE, C-2, WADIA INTERNATIONAL CENTRE, PANDURANG BUDHKAR MARG, WARLI, MUMBAI, MAHARASTRA - 4OO 025

11.THE MANAGER, SMFG INDIA CREDIT CO. LIMITED, COMMERZONE IT PARK, TOWER B, 1ST FLOOR, NO. 1'I'I, MOUNT POONAMALEE ROAD, PORUR, CHENNAI- 6001.I6.

12.THE MANAGER, GODREJ FINANCE LIMITED, GODREJ ONE, EASTERN EXPRESS HIGHWAY, VIKHROLI EAST, MUMBAI- 4OOO79.

13.THE MANAGER, POONAWALLA FINCORP LIMITED, 201, KOREGOAN PARK ANNEX, MUNDHWA, PUNE- 41 1036.

14.THE MANAGER, UNITY SMALL FINANCE BANK, CENTRUM HOUSE, CST ROAD, KALINA, SANTACRUZ EAST, MUMBAI- 4OOO98.

15.THE MANAGER, CLIX CAPITAL SERVICES PRIVATE LIMITED, 901, gTH FLOOR, TWO HO

16.RIZON CENTRE, DLF PHASE V, GURUGRAM.122OO2. 17.THE MANAGER, NEOGROWTH CREDIT PRIVATE LIMITED, TIMES SQUARE, TOWER E,gTH FLOOR, ANDHERI KURLA ROAD, MAROL' ANDHERI EAST, MUMBAI.4OOOsg.

18.THE MANAGER, INDIAN BANK, H.NO. 4-1051512, EAST GANDHI NAGAR, NAGARAM, HYDERABAD.

19.THE MANAGER, BAJAJ FINSERV,4TH FLOOR, BAJAJ FINSERV CORPORATE OFFICE, VIMAN NAGAR, PUNE-41 101419.MAHINDRA FINANCE 1ST FLOOR, W TOWERS, TRIMULGHERRY ROAD, KARKHANA SECUNDERABAD - 5OOOO9.

20.THE MANAGER, MAHINDRA FINANCE, 1ST FLOOR,JV TOWERS' TRIMULGHERRY ROAD, KARKHANA, SECUNDERABAD 5OOOO9. 21 .One CC to SMT KANKANALA SUMALATHA, Advocate [OPUC] 22.One CC to SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF lNDlA, Advocate [OPUC]

23.One CC to SRI K.NIRANJAN REDDY, Advocate (OPUC) 24.One CC to Ms. K.RAMYA, Advocate (OPUC) 25.One CC to DR. M.P.KASHYAP, Advocate (OPUC) 26.One CC to SRI M.V.KlNl CO ADVOCATES SOLICITORS, Advocate (OPUC) 27.One CC to SRI M.VIVEKANANDA REDDY, Advocate (OPUC) 28.One CC to SRI G.PRAVEEN KUMAR, Advocate (OPUC) 29.One CC to SRI N.B.SUDARSHAN, Advocate (OPUC) 30.One CC to SRI K.RATHANGA PANI REDDY, Advocate (OPUC) 31.Two CD Copies SA I I HIGH COURT DATED i1011112025 \ \ ORDER WP.No.1 4372 of 2025 DISPOSING OF THE W.P WITHOUT COSTS \ \ \