The High Court · 2025

5. HDFC BANK, Rep by its Chief Manager PN 26, 33/AB04|B, Gr Fir, Delta House, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049

6. SBI Cards and Payments Services Limited (SBl Card), Rep. by its Chief Manager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002

7. INDUSIND Bank Limited, Rep by its Chief Manager 1-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052

8. Standard Chartered Bank, Rep. by its Chief Manager, C 38/39, G Block, Crescenzo Building, Bandra Kurla Complex-Bandra (East), Mumbai - 400051, Maharastra.

9. KOTAK MAHINDRA BANK., Rep. by its Chief Manager, 12-6-2121911 , JAYA COMPLEX, KUKATPALLY

10.lClcl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, 'l1.HERO FINCORP, Rep. by its Chief Manager, A-44, Mohan Cooperative Plot No't2 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032 lndustrial Estate, Mathura Road, New Delhi - 1 10044.

12. DBS Bank lndia Limited, Rep. by its Chief Manager, Ground Floor, Express Towers, Nariman Point, Mumbai - 400 021.

13. IDFC FIRST Bank, Rep. by its Chief Manager, The Square, C-61, G Block, Ground Floor to 8th Floor, Bandra Kurla Complex, Bandra East, Mumbai - 400051 ...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 an appropriate Writ, Order, or Direction, mol'e particularly in the nature of Writ of ltr'landamus, declaring the action of responqent Nos. 3 to 't 3 in attempting to recover amounts from the petitioner in an albitrary, illegal, and high-handed manner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBll2022-231108, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular.as unconstitutional and violative of Articles 14, 19, and 21 of the Constitution of lndia, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 13, their agents, recovery agents, executives, managers, or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to the petitioner's premises, and further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 13 for violating legal norms, and pending disposal of the writ petition, direct the respondent f.los. 3 to 13 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated 12.08.2022 Counsel for the Petitioner: Ms. THAKUR MANASWINI SINGH REP SRI. BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No.1: SC FOR CENTRAL GOVERNMENT Counsel for the Respondent No.2 : SRI KRATHANGA PANI REDDY Counsel for the Respondent No3. : SRI M P KSAHYAP Counsel for the Respondent No.10:SRl SUDHARSHAN NARAHARI Counsel for the Respondent No.5&1't :SRl N.B. SUDARSHAN Counsel for the Respondent No.4 : SRI R MANGULAL Counsel for the Respondent No. 8 SRI M.R.B. MANIKANDAN Counsel for the Respondent No.7: SRI GAJULA PRAVEEN KUMAR, Counsel for the Respondent: Ms. POLE VISHNU SC FOR INDUSIND BANK The Court made the following: ORDER / THE HON'BLE SRI JUSTICE NAGESII BHEEMAPAKA WRIT PETITION No.237OO of 2025 ORDER: Heard Ms.Thakur Manaswini Singh, learned counsel represenLing Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner and Sri G.Praveen Kumar, learned Standing Counsel for INDUSIND Bank Limited, for respondent No.7. Perused the record.

2. When the matter is taken up for hearing, learned counsel for pe titioner submitted that tlle issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.5200 of \ 2024, dated 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: "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, sha,tl strictli follow the guidelines and instructions issued by the Reserve Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (1 supra) and ICICI BanL Vs. Shaati Devi Sharma's case (2 supra). 9. With the above said direction, the writ petition is disposed of."

3. Learned Standing Counsel does not dispute the submissions of learned counsel for the petitioner. -/ 2

4. In terms of the order passed by this Court in W.p.No.S200 of 2024, d,ated 25.04.2024, and for the reasons alike, thiS writ petition is disposed of directing the respondent authorities to scrupulously follow the guidelines/ insrructions in the RBI Circular. d,ated. 12.Og.2O22, and also the judgments of Honble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersr and ICICI Bank Vs. Shaati Devi Sharma and others2. Pending misce llaneous applications, if any, shall stancl closed. //TRUE COPY// To,

1. The Secretary, Union of lndia, Ministry of Finan 2. The Chief General Manager, Reserve Bank of I NewDelhi -110001 D/- P.PONNA KRISHNA SISTANT REGIST SECTION OFFICER de, ew Delhi (RBl), 6, Sansad Marg,

3. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUCI 4. One CC to SRl. POLE VISHNU, Advocate [OPUC] 5. One CC to G PRAVEEN KUMAR,SC FOR INDUSIND BANK [OPUCI 6. One CC to SRl. K. RATHANGA PANI REDDY, Advocate IOPUC] 7. One CC to SRI MP KASHYAP, Advocate [OPUC] 8. One CC to SRl. SUDHARSHAN NARAHARI, Advocate [OPUC] 9. One CC to SRl. R MANGULAL, Advocate IOPUC] 10.One CC to SRl. M R B MANIKANDAN, Advocate [OPUC] 't1.One CC to SRl. N.B. SUDARSHAN, Advocate IOPUC] 12.One CC to SC FOR CENTRAL GOVERNMENT [OPUCI '13.Two CD Copies ?<- (\,' BM BSR ' [20E ) 2 SCC 711 , [2008) 7 SCC s32 HIGH COURT DATED:0711012025 J ORDER WP.No.23700 of 2025 :\ tliE $ili l ,0 fts m * o C) Y * a DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ c1ta) 0b /Ax