Reserve Bank of lndia and also the judgments of vs Learned Standing Counsel did not dispute the submissions of
Case Details
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Mumbai - 1Q0051 lClCl Bank, Rep by its Ctrief Manag.er, ?lo^t No 12 Nzrnakramguda' Ci"nio"*ri, nvberdnad, Telangana 500032 HDFC BANK Ltd, Rep by its Chief Manager PN 26, 33/A8634/8, Gr Fir, HDFC Roacl Mivapur' Hyderabad - BANK Ltd Detta HilJ", 500049 SBI Cards and Pavments Services Limited (sBt card), E"p lv^ rrranaoer. Unit ruoJ'iC'iD;;d af, gid Flooi, Queens Plaza, SP S"lunferabad, Telangana - 500003' "y'i;6;;Aii*vtictoss its General Road 7 8 TATACapitalfinacialservig^e:pvtltd,3,i'AutgP,laza'5866'Venkateshwara Hils Cotony Ln, opposite VST 9tot v, rl.irth_l]^Bli9L,'Journblist colony, VST il6"!4 Puhlagutrl Hyderaoao, Teldngana 500082 lnduslnd Bank Ltd, Rep by its CI'I"J manager' 1-8-488' Sardar Patel' aegumPet, Secunderabad -500003' ...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 iss'ue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAIVIUS ./ declaring the action of the respondents in not controlling the agents who harassing the petitioner ;:nd his family by the respondents Nos. 3 to 8 (bank authorities and financiarl institutions) is illegal, arbitrary, violation of the principles of natural justice and blatant violation and as well as Rules natural justice and blatant violation and as well as Rules natural justice and blatant violation and as well as Rules framed under Reserve Bank of lndia and tht: fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to harass the lletitioner and his family members on the ground of collecting the monthly insterllment dues and direct respondent nos. 3 to 8 to follow Circular dated 1210812022. vide RBll2022-231 108, DOR. ORG. REC.65/21 .04 15812022-23 issued by respon<lent no.2. lA NO: 1 OF 2025 Petition under Section'151 CPC praying that in the circumstances stated in the affidavit fil-.d in support of the petition, the High Court may be pleased Please to direct the respondents to not take alas aster measures against the petitioner ad Ms family without following due process of low and following Circular dated 1210812022 vicle RBll2022-231108,DOR.ORG.REC.65121.(t4 15812022-2 issued by respondent no.2 Le RBl, pending disposal of the writ petitir>n. Counsel for the Petitioner: SRI M. KESHAV YADAV Counsel for the Respondent No 1 : SRI N. BHUJANGA RAO Deputy Solicitor General of lndia Counsel for the Respondent No 3 : SRI SRI HARI BATHIINA Counsel for the Respondent No 5: SRI N. B. SUDARSHAN Counsel for the Respondent No 5 : SMT MUVVA R. A. SRI LAKSHMI Counsel for the Respondent No 7: SRI P. RAMACHANDTIAN Counset for th,e Respondents No 2,4 &8: ---- The Court mad'e the following: ORDER I I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.2 3344 of 2o25 ORDER: Heard Mr. M. Keshav Yadav, learned counsel for the petitioner; learned Standing Counsel for Centra-l Government for ,respondent -lr No.l; Mr. Sri Hari Bathina, learned counsel for respondent No.3; Mr. N.B. Sudarshan, learned counsel for respondent No.S; Smt. Muwa R.A. Sri Lakshmi, learned counsel for respondent No.6 and Mr. P. Ramachandran, learned counsel for respondent No.7. Perused the record. t \
2. When the matter is taken up for 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.52O0 of 2024, dated. 25.04.2024 and, therefore, the sarne order may be passed in this writ petition as well. The operative portion of the said order reads as under: "8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2L of the 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 guidelines and instructions issued by the Reserve Bank of lndia and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash 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." . i ' t. I t I I I I I I I I I I I i i i l 2 a-
3. Learned Standing Counsel did not dispute the submissions of iearned counsel for the petitioner.
4. In terms of the order passed by this Court in W.P.No.5200 of 2024, dated 2--.O4.2024, and for the reasons alike, this 'ntrit petition is dispor;ed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI Circular dated
12.O8.2Ct22, and also the judgments of Hon'ble Supreme Court in ICICI Ba.nk Ltd Vs. Prakash Kaur and othersr and ICICI Bank Vs. Shanti f)evi Sharma and others2. F'ending miscellaneous applications, if any, shall stand closed. No costs. S SRINIVASA TANT R //TRUE COPY// CTION OFFICER I To,
1. The Secretary, Ministry of Finance, Union of lndia, 2. The Chief General Manager, Reserve Bank of lndia, (i, Sansad lt/arg, New Delhi Delhi -110001
3. One CC to SRl. M KESHAV YADAV, Advocate [OPIJC] 4. One CO to SRI N. BHUJANGA RAO, Deputy Solicitor (ieneral of lndia [OPUC] S One CC;to SRI SRI HARI BATHINA, Advocate [OPUC] g one cc;to sRl N. B. SUDARSHAN, Advocate toPUCI -l One CO to SMT MUWA R. A.SRI LAKSHMI, Advocate TOPUCI 8. One CC to SRI P. RAMACHANDRAN , Advocate IOPIJC] q Two CD Copies DAN ?fte,, BS / ,/ F ,? TTIE 1 ,i 14AR m;i * HIGH CICURT DATED:1411112025 ORDER WP.No.23344 of 2025 DISPOSI]'IG OF THE WRIT PETITION WITHOUTGOSTS t\ L5\>\TL