T Harinadh v. 1. The Union of lndia

4. IDFC FIRST. Bank, C/61, Bandra Kurla Complex Rd, Opp Trident hotel, G Block BKC, Bandra East, Mumbai, Maharashtra, 400051.

5. Protium, 7th Floor, Block 82, Phase l, Nirlon Knowledge Park, Pahadi Village, Off. Western Express Highway, Cama lndustrial Estate, Goregaon (E ), Mumbai, Maharashtra 400063.

6. SMFG lndia Credit, Megh Towers,3rd Floor, New No-165, Poonamallee High Road, Maduravoal, Chennai, Tamrl Nadu, 600095.

7. lncred finance, Unit No. 1203,121h Floor, B wing, The Capital, Plot No. C - 70, G Block, Bandra - Kurla Complex, Bandra East, fvlumbai - 400051. 8. Piramal Finance, 601, 6th floor, Amiti Building, Agastya Corporate Park, Kamani Junction, Opp. Fire Station, LBS Marg, Kurla (W) Mumbai MH 400070.

9. lClCl Bank, lClCl Bank Tower, Near Chokli Circle, Old Padra Road, Vadodara

10. HDFC Bank, Ramon House, 169, Backbay reclamation, HT Parekh Marg, Churchgate, Mumbai - 400020. '1 1. Kotak Credit Cards, OfIice 27 BKC, C 27, G Block, Bandra Kurla, Complex, Bandra (E), N/umbai - 400051. '12.SBl Card, 301-8, 3rd Floor, Silver Utopia, Cardinal Gra ir>us, Andheri East, Chakala, Mumbai, tvlumbai Rural, Maharashtra, lndia r'10059. Petition Under Article 226 of lhe Constitutron of lnr circumstances stated in the affidavit filed therewith, the pleased to issue Wr t, Order or Direction more particu Mandamus. - 1. Declaring the action of the respondent handedly, arbitrarily and illegally trying to recover the amot by not following Circular dated 1210812022 vit DOR.ORG.REC.65I 21 .O4.15812022-23 issued by respon process of law and the inaction of the respondent no.2 to interest of the petitioner by duly enforcing Circular d RBII2022-23I 1 08,0R.ORG REC 65 I21. 04 1 58/ 2022-23 as u nconstitutio na I for violating Art 14, 19, and 2'l of the C Direct the respondent nos. 3 to 12 to follow Circu videRBll2O22-2311o8, DOR.ORG.REC 65121 04 158120 respondent no.2,3. Direct the respondent no.2 to duly enfr 12lOBt2O22 vide RBI/2022-2311O8, DOR ORG.REC 65 protect the interests of the petitioner against the responder the respondent no.2 to take stringent action agalnst the respondents nos.3 to 12 for unlawfully, illegally, and arbit the amounts from the petitioner without following any due p l.A.NO:1 OF 2025 .....RESPONDENTS ,, praying that in the I igh Court maY be rrly one like Writ of \los. 3 to 12 in high 's from the petitioner :.: RBll2022'231108, r:nt no.2 or any due :rlitimately protect the l,:d 1210812022 vide rlegal, arbitrary and r stitution of lndia. 2. rr dated 1210812022 :l-23 issued by .r:e the Circular dated ,1 .O4 15812022-2 to nos.3 to 12. 4. Diecl r:rrant officials of the : ily taking to recover - :ess of law. Petition Under Section 151 CPC praying that in the L the affidavit filed in support of the petition, the High Cor direct the respondent nos.3 to '1 2 to not take any coercive petitioner without following due process of law and manda daled 1210812022 vide RBll2022- 231 108,DOR.ORG REC issued by respondent no.2 pending disposal of the writ peti rr;umstances stated in rt may be pleased to nreasures against the ; ily following Circular t:5121 .04.1 5812022-2 on. Counsel for the Petitioner : SRI NALACHERU AISHWARY,\ Counsel for the Respondent No.1 : DEPUTY SOLICITOR (, E NERAL OF INDIA Counsel for the Respondent No.2 : SRI N.MAHESH, ADVOCATE FOR SRI K.RATHANGA PANI REDDY Counsel for the Respondent No.3 SRI R.MANGULAL Counsel for the Respondent No.4 SRI B.SRIHARI Counsel for the Respondent No.5 SRI KADIYAM NEELAKANTESWARA RAO Counsel for the Respondent No.6 SMT ADAPA LAKSHMI KANTAM Counsel for the Respondent No.7 SRI B.PRAVEEN KUMAR REDDY Counsel for the Respondent No.8 SRI SUDHARSHAN NARAHARI Counsel for the Respondent No.9 SRI P.RAMACHANDRAN Counsel for the Respondent No.10 : SRI N.B.SUDARSHAN Counsel forthe Respondent No.11 : - Counsel for the Respondent No.12 : SRI M.VIVEKANANDA REDDY The Court made the following ORDER - I I l THE HON'BLE SRI JUSTICE NAGESH BII I)EMAPAKA IIIRIT PETITION No.1 86L6 <tl'2025 ORDER: Heard Sri N.Aishwarya, learned counsel lor petitioner, Sri N.Mahesh, learned counsel representing Sri K.Ra lLanga pani Reddy, learned counsel for respondent No.2, Sri R \langulal, learned counsel for respondent No.3, Sri B.Srihari, 1, arned counsel for respondent No.4., Sri Kadiyam Neelakanteswara F r,), learned counsel for respondent No.5, Smt Adapa La_kshmi Kanta rr, learnecl counsel for respondent No.6, Sri Botta Praveen Kum. Lr Reddy, learned counsel for respondent No.7, Sri Sudharshan l,larahari, learned counsel for respondent No.B, Sri p.Ramachandrzr:r. learned counsel for respondent No.9, Sri N.B.Sudarshan, lei,r ted counsel for respondent No.10 and Sri M.Vivekananda Reddy, t:arned counsel for respondent No. 1t2. Perused the record.

2. When the matter is taken up for hearing, 1 ':Lrned counsel for petitioner submitted that the issue raised in tL r. Writ Petition is squarely covered by the order passed by this Cor li in W.P.No.5200 \ of 2024 , dated 25.O4.2024 and therefore, the sr nre order may be passed in this writ petition as well. The operative ;,rrtion of the said order reads as under: "8. For the aforesaid reasons ar.-. as the procerlure adopted by the respondent Nc ; ,1 to 7 for recovery of loan amount from the petitioner, amounts to violation ol the rights guaranteed under Articles 14 and 21 of thc Constitution of India, this Court deems it appropriate to direct the respondents, to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guiciellnes and instructions issued h',/ the Reserve Bank of India and also the judgments of the Hon'lcle Supreme Court in ICICI Bauk Ltd Vs. Pra.i:ash Kaur's case (1 supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). 9. With the above said direction, the writ petition is disposed of. "

3. Learned Counsel for the respondents does not dispute the submissions of learned counsel for the petitioner.

4. In terms of the order passed by this Court in W.P.No.S2OO of 2024, dated 25.O4.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI Circular dated

12.08.2022, and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersl and ICICI Bank Vs. Shanti Devi Sharma and others2. Pending miscellaneous applications, if any, shall stand closed. 1(2007)2SCC 711 2(2008)7SCC 532 //TRUE COPY// SD/.MOHD. ISMAIL PUTY REGISTRAR ECTION OFFICER \, \ To 1 2 3 4 5 The Secretary, Union of lndia, IVinistry of Finance, NeV The Chief General fVlanager, Reserve Bank of lndia, 6, Sansad l\ilarg, New Delhi -110001. One CC to SRI NALACHERU AISHWARYA, Advocate [OPUC] One CC to Deputy Solicitor General of lndia, Advocate tOPUCI One CC to SRI B.SRIHARI, Advocate (OPUC) Delh i

6. One 7. One 8. One 9. One 10. One 1'l . One 12. One 13. One 14. One 1 5. Two CC CC CC CC CC CC CC CC CC CD to SRI K.RATHANGA PANI REDDY, Advocal,: 'OPUC) to SRI R.MANGULAL, Advocate (OPUC) to SRI KADIYAIVI NEELAKANTESWARA RA( Advocate (OPUC) to Sl\il'ADAPA LAKSHMI KANTAIV, Advocal I iOPUC) to SRI B.PRAVEEN KUMAR REDDY, Advocir t (OPUC) to SRI M.VIVEKANANDA REDDY, Advocate (l PUC) to SRI N,B.SUDARSHAN, Advocate (OPUC) to SRI P.RAI\,4ACHANDRAN, Advocate (OPUr)) to SRI SUDHARSHAN NARAHARI, Advocate (()PUC) Copies SA GJP M I (.: 14 i r lrn \. \.: i)r -. ll. -\:::,- I I HIGH COURT DATED:2410912025 ORDER WP.No.18616 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. .i,\ t \\