The High Court · 2025

Judgment

7. B.

9. The Union of lndia, Rep. by its Secretary lt/inistry of Finance, New Delhi The Reserve Bank of lndia, Rep.by it's Chief General Manager 6, SansadMarg, New Delhi-1 1 0001 The Station House Officer, Chilakalguda Police Station, Secunderabad, Hyderabad District, Telangana State - 500061.

AXIS BANK, Rep. by its Chief Manager, Fi/o. D No 8, CCJW 4M6, 3/960/7, Srinagar Colony Main Rd, Near Vivekananda School, Pratap.Nagar, Nagaijuna Nag-ar Colony, Yella Reddy Guda, Hyderabad, Telangana - 500073 BAJAJ FINANCE LTD., Rep. by its Chief Manager, R/o. SN 5, No. 6/3/1086, GF, Vista Grand Tower, Raj Bhavan Rd, Somajiguda, Hyderabad, Telangana - 500082. MUTHOOT FINANCE, Rep. by its Chief Manager, Fl/o.Regional Office - Cyberabad, 2nd Floor, Grand[a's Royal ltilansion, Near Liberty X Road, Himayatnagar, Hyderabad, Telangana - 500029. Axis Bank Neo Credit Card, Rep. by its Chief Manager, Rl/o. Axis Bank Ltd., Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No.1, Banjara Hills, Hyderabad - 500034. Yes Bank Credit Card, Rep. by its Chief Manager, Fi/o. Ground Floor, Agravanshi Plaza, Bearing No 'l-8-387, HUDA Lane, Begumpet, Secunderabad - 500003. lClCl Bank Credit Card, Rep. by its Chief Manager, R/o lClCl Bank Limited, lClCl Phone Banking Center, lClCl Bank Tower, 7th Floor, Sqrvqy N9r - - ^ 1 1 5t27, Plot No. 1 2,-Nanakramguda, Serilingampally, Hyderabad - 500032. ,i

10.Amazon Pay lClCl Credit Card, Rep. by its Chief Manager, Fi/o lClCl Bank Limited, lclcl Phone Banking Center, lClCl Bank Tower, 7th Floor, Survey No. 115/27, Plot No. 12, Nanakramguda, Serilingampally, Hyderabad - 500032. '1 1. SBI Card Prime, Rep. by its Chief Manager, Ri/o Unit Nos. 3C, 3D and 3E, 3rd Floor, Queens Plaza, 1-8-382, S.P. Road, Secunderabad, Telangana - 500003.

12. RBL Bank Credit Card, Rep. by its Chief Manager, Rl/o Ground Floor, My Home Jupally Complex, Opp Green Park Hotel, Green Lands, Ameerpet Road, Hyderabad, Telangana - 500016.

13. Kotak Credit Card, Rep. by its Chief Manager, Rl/oKotak Mahindra Bank Ltd., 1-1 18, Survey No. 64, National lnstitute of Fashion Technology Campus, OppHitech City, Madhapur, Hyderabad - 500081. ...RESPONDENTS Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or Direction more particularly one in the nature of Writ of Mandamus. '1 ) Declaring the action of the respondent Nos. 4 to 13 in highhandedly, arbitrarily and illegally trying to recover the amounts from the petitioner by not following Circular dated 12.08.2022 vide RBll2022-20231108, DOR.ORG.REC.65 121 .04.15812022-23 issued by respondent no.2 or any due process of law and inaction of the respondent no.2 to legitimately protect the interest of the petitioner by duly enforcing Circular daled 12.O8.2022 vide RBll2022-2O23l108, DOR.ORG.REC.65/21.04.158 12022-23 as illegal, arbitrary and unconstitutiona I for violating Art 14, 19, and 21 ol the Constitution of lndia. 2) Direct the respondent Nos. 4 to '13 to follow circular dated 12.08.2022 vide RBll2O22-2023l108, DOR.ORG.REC.65/21.04.15812022-23 issued by respondent no.2. 3) Direct the respondent No.2 to duly enforce the Circular daled 12.08.2022 vide RBll2O22-20231 1 08, DOR.ORG.REC.65|21 .04.1 5812022-23 to protect the interest of the petitioner against the respondent Nos. 4 to 13. 4) Direct the respondent No.2 to take stringent action against the errant official of the respondent Nos. 4 to 13 in unlawfully, illegally and arbitrarily taking to recover the amounts from petitioner without following any due process of law. 1 5 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 respondent Nos. 4 to 13 not to take any coercive measures against the petitioner without following due process of law and mandatorily following Circular dated 1 2. 08.2022 vide RBI I 2022- 2023 I 1 08, DOR. ORG. RE C.65 I 21 .0 4.1 58 12022- 23 issued by respondent No.2 pending disposal of the writ petition. Counsel for the Petitioner: SRI G. ESHWAR KUMAR Counsel for the Respondent No.1: SRI N. BHUJANGA RAO, Dy. Solicitor General of lndia Counselfor the Respondent No.2: SRI K. RATHANGA PANI REDDY Counselfor the Respondent No.3: GP FOR HOME Counselfor the Respondent No.4: SRI M.P. KASHYAP Counsel for the Respondent No.5: SRI R. MANGULAL Counsel for the Respondent No.6: SRI C. PRAVEEN KUMAR Couhsel for the Respondent No.8: SRI N. SUDHARSHAN Counsel for the Respondent No.9: SRI P. RAMACHANDRAN Counsel for the Respondent No.12: SRI VIVEK JAIN The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.21145 of 2025 ORDER: Sri G. Eshwar Kumar, learned counsel for the petitioner; Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondeht No.1; Sri K. Rathanga Pani Reddy,learned counsel fur respondent No.2, Iearned Government Pleader for Home, for respondent No.3; Sri M.P. Kashyap, learncd counsel for respondent No.4, Sri R. Mangulal, Iearned cgunsel for respondent No.5; Sri C. Praveen Kumar, learned counsel for respondent No.(>; Sri N. Sudharshan, learned counsel lor respondent No.8; Sri P. Ramachandran, learned counsel for respondent No.9 and Sri Vivek Jain, Iearned counsel tbr respondent No.12.

2. Despite se:rvice of notice, none appeared for remaining respondents

3. when tht: matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ Petition is squarely covereci by the order passed by this Court in W.P.No.52o0 of 2024, dated \ 25.04.2024 and Lherefore, the same order may be passed in this writ \ \ petition as well. The operative portion of the said order ri3ads as under: '8. For the aforesaid reasons and as ttre procedure adopted by the respondent Nos.4 to T for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles l4 and 2l of the crrnstitution of Indirt, this Court deems it appropriate to direct the respondents, to ensure that the agents engagecl by them for reco\/cry of the loan amounts, shall strictly follow the 2 guidelines and instructions issued by the Reserve Bank of india and also the judgments of the Hon'ble Supreme Court in ICICI Bank r,ta v"] prakash Kaur's case (1 supra) and iCrCr Bank Vs. Shanti Devi Sharma's case (2 supra)' said direction' the writ petition is g. With the disposed of." "Uot'" Learned counsel for respondent Nos.l to 6 and 8,9 & 12 have no 4 objection.

5.Accordingly,intermsoftheorderpassedbythisCourtln W.P.No.5200 of 2024,dated 25.04.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its circular dated L2'O8'2022 and also the judgments of Hon,ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur,ls case and while recovering the loan ICICI Bank v. Shanti Devi Sharma'2s case' amounts from the petitioner' No costs' miscellaneous aPPlica tions, if anY, shall stand closed ,l , I ' i I I iI I I i /TRUE COPY// SD/.S. MALLIKARJU NA RAO ASSISTANT REGISTRAR G SECTION OFFICER To,

1. The Secretary Ministry of Financg, The Union of lndia, New-Delhi .. . 2. The Chief e"n"iii'irfinager 6, The Reserve Bank of lndia, SansadMarg, New 3. The Station"Horr" officer, Chilakalguda fg1ge Station, Secunderabad' 'l J Delhi-110001 HVOeiiUaO District, Telangana State - 500061 ' r-'r' r 12007) 2 SCC 711 , (2008) 7 SCC 532

4. The Chief Manager, AXIS BANK, R/o. D No g, CCJW 4M6. 3/960/7. Srinaoar Colony Main Rd, Near Vivekananda School, pratap trtagar, Nagliluhi flJdai Colony, Yella Reddy Guda, Hyderabad, Telinqand - 50"0073 " 5. The Clief Manager, BAJAJ FINANCE LTD., pjo. SN S, No. 6/3i1086, cF, Visla 9rand Tower, Raj Bhavan Rd, Somajiguda, Hyderabad, ietang'ana I 500082. 6. The thief Manager, MUTHQOT FINANCE, Fl/o.Regional Office - Cyberabad, 2nd Floor, Grandpa's Royal Mansion, Near Liberty X Road, Himayiinigii, -' Hyderabad, Telangana - 500029.

7. The Chief llg.nqSel, Axis Bank Neo Credit Card, R/o. Axis Bank Ltd., Hy-derabad Circle Office. Abhinandan Towers, 64-24S13, noiO f'ld.i, Banjara Hills, Hyderabad - 500034. B. The Chief Manager, Yes Bank Credit Card, Rt/o. Ground Floor. Aoravanshi _ Plaza,.Be-aring No 1-8-387, HUDA Lane, Begumpet, Secundeiabid _ S00OO3. 9. I he Chiet Manager, lclCl B_ank Credit Card, R/o lClCl Bank Limited, ICICI Phone Banking Center, lClC.l.Bank Tower, 7th Floor, Survey No. 11St2l, plot No. 1 2, Nanakramguda, Serilingampally, Hyderabad' - S00O'32.

10.Tte clief Manager, Ama_zon pay_rc-rcicrd\cit card, Rl/o rcrcr Bank Limited, lClCl Phone Banking Center, lC[Cl Bank Tower, 7th Floor. Survev No. ,,il3'.1,5i"J*?#:SEiU,zH#fl ::Ri;"ll'?,?ilBsl5d[ti,:xT#u.o,Bop,3;. . ^ tluee_r.rs Ptaza. 1-8-382,. S.p f.o_ad, Secunderabad, Teiangana _ 500003. 12.The Chief Manager, RBL Bank Credit Card, R/o Gibund fioor. fr,fv fi,im" Jupally.Complex. Opp Green park Hotel, Green Lands, nmetlpei noiO, Hyderabad, Telanqana - 500016. 13.The Chief tManage-r, Kotak Credit Card, Rl/oKotak Mahindra Bank Ltd.. 1_118 9y.qy t tg. 64, Nationat lnstitute of Fa6hion fecnnobgybirpri, OppHit""i City, N/adhapur, Hyderabad - 50O0Bi.

14.One CC to SRI c. ESHWAR KUMAR, Advocate tOpUCI 'l5.One CC to SRt K. RATHANGA pANt REDDY, Rrivocate'1OeUC1 16.One CC to SRI IV.P. KASHYAP, Advocate fOpUCI 17.One CC to SRI R. MANGULAL. Advocate fbpucf 1B.One CC to SRt C. PRAVEEN KUMAR, Advocate iOeUCl -' 19.One CC to SRt N. SUDHARSHAN, Advocate tOpijCI- 20.One CC to SRt p RAMACHANDRAN, Advocite tOp'UCl 21.One CC to SRI VIVEK JAIN, Advocate IOPUCI 22.One CC to SRt N. BHUJANGA RAO, D'eputy Solicitor General of 23.Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 24.Two CD Copies lndia [OPUC] BN GJP HIGH COURT ) DRteD:24t11t202s ( \ T') r=.t WP.No.21145 ot 2025 .:...-- 1 ,1i s i.q 0 3 tt[ zfll t (. ( t's,.,,,- SPOSIN ITHOUT G c OF THE WRIT PETITION OSTS lP