She further placed Reliance on the Supreme court judgraents in ICICI Bank Limited v. prakash Kaur and ICICI Bank v. Shanti Devi Sharma, deprecating strong

^Finance Limited, Corporate (Head) Office - Mumbai Wockhardt Shriram Towers, arlftSSt,West Wing, G-Btock bandri-Kurta Comptex, AanOra lfasij lVlumbai - 400 05'l, Maharashtra, lndia. YES Bank, Yes Bank Tower, IFC-2, 15th flgor, Senapati Bapat Marg, Elphinstn Rd(W), Mumbai, 4000i3.

6. HDFC Bank Credit Card, HDFC Bank Thiruvanmiyur Po, Chennai-60004 1. Cards Division, PO BoxB654, 7 SBI credrt card lndia, SBI Cards and payment Services Ltd. Towers, fo;rygr--Q (Floors 10-'12), Btock-2, Buitding 3 DLF Gurugram -122002, Haryana, lndia DLF lnfinity Cyber City, B PBg credit card- india, DBS Bank lndia Limited Express Towers, Ground Floor Nariman Point, tvlumbai - 400021 Maharashtra, India

9. Fibe EarlySalary Services Private Ltd, Office No. 404, The Chambers Near 9elpgll {Vlandir Chowk (Samrat Chowk) Viman Nagar Road, pune _ 41 1 0 1 4,lllahatashtra, lndia.

10.KreditBee, Address. 16/3,.Adarsh yelavarthy Cenke, Opposite Frank Anthony School, Cambridge Layout, Jogupalya, Ban(alore, Karn'aiaka - 560008, lndl;: '1 1- Kisetsu saison Finance (lndia) private Limited, Kisetsu saison Finance flndia) Private Limited lndiQube Lexington Tower, First Floor, Tavarekere Main Rd, Tavarekere, S. G. Palya, Benga'luru - 560029, Karnataka, lndia. -ai

12. Kissht lndia, On Elvll Technology Solutions Pvt Ltd - io*", 4, Equinox Park LBS lvlarg, Kurla West, tvlaharashtra. lndia. (Kissht) Mumbai 10th Floor, - 400070, ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No 2 in not legitimately proteCtingtheinterestofpetitionerbydulyenforcingitsCirculardated 12tOBt2O22 vide RBI/202223| 1OB DOR 'ORG REC 65/ 21 04 15812022-23 against Respondent Nos. 3 to 12 who are resorting to high-handed measures to recover money without following the circular dated 12to812022 vide RBll202223l 1o8DoRoRGREC65t2104158t2o2223issuedbyRespondentNo,2and ConsequentlydireottheRespondentNo.2totakestringentactionagainstthe errant official of the Respondent Nos. 3 to 12 in unlawfully illegally and arbitrarily taking to recover the amounts from petitioner without following circular dated 12to8t2o22videRBll2O2223t1oBDoRoRGREC65/210415812022.23, 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, the High Court may be pleased to direct Respondent No. 2 to instruct the respondent Nos. 3 to 12 not to harass the petitioner while recovering the amounts from petitioner and to follow the circular daled12tO}t2o22videRBlt2o2223t1oBDoRoRGREC651210415812022-23 pending disposal of the above writ petition. Counsel for the Petitioner: Ms. MUKKERA SAHITHI SRI KAVYA Counsel for the Respondent No.1: SMT B.KAVITHA YADAV, CENTRAL GOVT. COUNSEL Counsel forthe Respondent No.2: SRI K.RATHANGA PANI REDDY Counsel for the Respondent No-4: SRI N.SRIKANTH GOUD Counsel for the Respondent No.S & 6: SRI N'B'SUDHARSHAN Counsel for the Responcient No.7: SRI M'VIVEKANANDA REDDY Counsel for the Respondent No.g: SRI SUDARSHAN NARAHART Counsel for the Respondent No.9: SRI M.DEVENDER REDDY Counsel for the Respondent No.11: Ms. K.RAMyA The Court made the following: ORDER ! I ! I THE HO N'BLE SRI JUSTICE NAGESH BHEE MAPAKA WRIT PETITION No.21366 oF 2025 o DER: This Writ Petition is filed undcr Arttcle 226 of the Constitution of India seeking a Writ of Mandamus declaring the action of respondent No.2-Reserve Bank of India in not legitimately protecting theinterestsofthepetitionerbydulyenforcingits Circular datccl 12.oa.2o22, bearing No. RBI12022-231 lo8, DOR.ORG.RtrC.65 I2l'O4 158I2022-23' against Respondent Nos 3 to 12, who are allegedly resorting to high-handed recovery methods without following due process of law'

2. Hcard Ms M petitioner; Smt. B ' Sahithi Sri Kavya, learned counsel for the Standing Counsel for I{avitha Yadav, learned Sri K. Rathanga Pani Central Government, Ior respondent No 1; Reddy, learned counsel for respondent No'2' Sri N' Srikanth Goud' learned counsel lor respondent No 4; Sri N'B' Sudarshan' learned counsel for respondent Nos 5 and 6; Sri M Vivekanada Reddy' learned counsel for respondent No 7; Sri Sudarshan Narahari' learnccl counsel lor respondent No,S; Sri M. Devender Reddy, learned counsel for respondent No.9 anC Ms K Ramya, learned counsel for respondent No. 1 l. 7- 2

3. Learncd counsel for the petitioner submits that the petitioner has availed various loans and credit card facilities from respondent Nos. 3 to 12 and, has been prompt in repayment up to June, 2025. she submits that, thereafter, due to job loss and financial distress, the petitioner could not continue repayment. She submits th:r t despite informing lenders about the petitioner,s genuine difficulty and requesting time, the respondents have engaged recovery a-gents who are altegedly harassing him with threats, excessive calls, and visits, in violation of the RBI Circular dated 12.08.2022. She further placed Reliance on the Supreme court judgraents in ICICI Bank Limited v. prakash Kaur and ICICI Bank v. Shanti Devi Sharma, deprecating strong_arm tactics by recovery agents. She further submits that today, the petitioner has filed an undertaking, affirming that he is not evading payment and win resurne EMI payinents from December, 2025 0r earrier, subject to financial recovery. 4. On the other hand, learned counsel for the respondents submits that the petitioner, indeed, availed various linancial facilities and is bound to discharge his contractual obligations. The banks and financial institutions are entitled to recover dues in accordance with law and terms of the agreements. The recovery efforts are being made in accordance with the contractual terms. However, they do not dispute the binding nature of the RBI Circular and submit that I \ t I :l they are willing to comply with ali applicable iegal and regulatory directtons This Court, having considered the material on record' observes 5. that the RBI Circular dated 12 08 2 O22 roandates all regulated entities to ensurc that recovery agents do not resort to intimidation or harassment in the course of loan recovery' The Supreme Court in its judgments in ICICI Bank Limited' v' Prakash Kaur and ICICI Bankv.ShantiDeviSharmahasdeprecatedtheuseofcoercive measure s and emphasized the rule of taw in debt recovery' The petitioner has come forward w\th a bona fide undertaking to resume repayment and is not clenying liabilit"v'

6. Accordingly, this Writ Petition is disposed of by directing the petitioner to abide by the undertaking filed before this Court and resume repayment of his trMIs from Decemb et 2025 or earlier and shall continue to abide by the terms of the loan agreements' So also' respondenL Nos. 3 to 12 are directed to strictly adhere to the RBI guidelines regarding recovery procedures and are restrained from resorting to any form of coercion, harassment' or intimidation in the process of recovery from the petitioner' It is made clear that any violation of this order by the respondents or breach of the undertaking by the petitioner shall give liberty to either party to seek appropriate remedies in accordance with law' No costs' 4 .). Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL I EPUTY REGISTRAR / SECTION OFFICER To, 1 2 Mumbai - 400 013. Elohinstn Rd(W), tvlumbai, 400013. of lndia. 8th Floor, Central Office The Secretary, Ir/inistry of Finance, New Delhi, U The Chief General Manager, Reserve Bank of ln ta, Building, Shahid Bhagat Sing h Road, tt/umbai-400001 Park, Lower Parel West, 3. HDFC lndia, 5th Floor, Tower B, Peninsula Business + Sfriirim Finance Limited, Corporate (Head) Office - Mumbai Wockhardt io*ett, 3rd Floor, West Wing, G-Block Bandra-Kurla Complex, Bandra (East) Mumbai - 400 051, Maharashtra, lndia. 5 YES Bank, Yes Bank Tower, IFC-2, 1sth floor, Senapati Bapat tt/arg' 6 HDFC Bank Credit Card, HDFC Bank Cards Division, PO Box8654' Thinrvanmivur Po. Chennai-60004'1. 7. SBI credit'card lndia, SBI cards and Payment services Ltd. DLF lnftnity io*.rs, Tower C (Floors 10-12), Block'2, Building 3 DLF Cyber City' Guruoram -122002. Haryana, lndia a OAS treOit card lndia, D'BS Bank lndia Limited Express Towers, Ground Floor Nariman Point, Mumbai - 4OOO21 lVlaharashtra, lndia g iiOe EarlySalary Services Private Ltd, Office No.. 404, The Chambers -Near - Cinpiti dlandir'Chowk (Samrat Chowk) Viman Nagar Road, Pune - 411014, lvlaharashtra, lndia. 10. kreditBee, Address. 16/3, Adarsh Yelavarthy Centre, Opposite Frank Anthony School, Cambridge Layout, Jogupalya, Bangalore, Karnataka - 560008, lndia' 1'1 . Kisetsu Saison Financ6 (lndia)-P;ivdte Limited, Kisetsu Saison Finance (lndia) pri*te Limited lndiQubd Lexinqton Tower, First Floor, Tavarekere Main Rd, Tavarekere, S. G. Palya, Bengaluru - 560029, Karnataka, lndia iower +, Equinox Park LBS- Marg, Kurla West, Mumbai - 400070, aharashtra, lndia. M o ne CC to tvls. Ii4UKKERA SAHITHI SRI KAVYA, Advocate [OPUC] o ne CC to SRI K.RATHANGA PANI REDDY, Advocate [OPUC] o ne CC to SRI N.SRIKANTH GOUD, Advocate [OPUC] o ne CC to SRI N.B.SUDHARSHAN, Advocate [OPUC] n ne CC to SRI M.VIVEKANANDA REDDY, Advocate [OPUC] CC to SRI SUDARSHAN NARAHARI, Advocate [OPUCI One CC to SRI M.DEVENDER REDDY, Advocate [OPUCI One CC to Ms. K.RAMYA, Advocate IOPUCI One cc i" SH/lr B KAV|THA YADAV;cENr'Rnl cow. couNSEL [oPUc] One CD Copies Tvro 1 2. Kissht lndia, On EIiIi Techriology Solutions Pvt. Ltd. (Kissht) 1Oth 13 14 '15 '16 17 18 '19 20 21 22 ^Flo_ot. BSR BS i cc TO DAY .:.!'-,. :..1: HIGH COURT DATED: 1010912025 I I t", /,'-: / / '-.' ,/i :)- t1/-: i j. _- t,'"t _\ I "_ s $- +' r lr'', ,' ,: \-; t. ..i. s *--a ORDER WP.No.21366 of 2025 DISPOSING OF THE WRIT PETITION' WITHOUT COSTS ( A-- .r)