Varikallu Naga ltrlanikanta v. 1. Union of lndia

6. IDFC FIRST BANK, Rep by its Chief Manager Ground Floor, Plot No 6-7, Survey No 68, Door No 1-1211|\216-7, Nearby Athidhi Restuarant, Miyapur, Serilingampalle (M), Telangana 500049.

7. ADITYA BIRLA CAPITAL, Rep. by its Chief Manager, One World Center, Tower 1 , 18th Floor, Jupiter Mills Compound, 841 , Senapati Bapat Marg, Elphinstone Road, Mumbai- 40009'1 .

8. Poonawalla Fincorp, Rep. by its Chief Manager No.7, Roxana Towers, Office No.G-'l to G-4 Ground Floor, Block '8, 1-2411lRT, Greenlands, Begumpet, Hyderabad, Telangana 50001 6.

9. Whizdm Finance Private Limited, Rep. by its Chief Manager, Survey No. '17l 1A, The Address Building, Outer Ring Road, Kadubeesanahalli, Bellandur, Bengaluru, Karnataka 560087. .....RESPONDENTS Petition Under Article 226 of the constitution of ln,l a praying that in the circumstances stated in the affidavit fired therewith, thr High court may be pleased to issue an appropriate writ, order, or Direction, rr )re particurarry in the nature of writ of Mandamus, decraring the action of respc rdent Nos. 3 to g in attempting to recover amounts from the petitioner in an arb t ary, illegal, and high- handed manner without following the due process of law anc in blatant violation of the Reserve Bank of rndia circurar dated 12.08.2022 bear ^p No. RBU2o22-23t 108, DoR.oRG.REC.65/21.04.1s8r2o22-23, and further de r raring the inaction of respondent No. 2 in enforcing the said circurar as unconstitL ionar and viorative of Articles 14, '19, and 21 of the constitution of rndia, and c: rsequenfly direct the respondent authorities to refrain from undertaking any oercive or unlawful recovery measures against the petitioner and to stricfly romply with the due process of law and the aforesaid Circular in all recovery pr,):eedings, and further restrain respondent Nos.3 to g, their agents, recover,/ agents, executives, managers, or any person acting on their behalf from enrl rging in any acts of intimidation, harassment, humiriation, or intrusion into the p.i ,acy of the petitioner or his family members, referees or friends, incruding per; stent or anonymous calls, threatening messages, or physicar visits to the petitir ner's premises, and further direct respondent No. 2 to enforce the said RBr circr ar in retter and spirit and to initiate appropriate and stringent action against 1r 3 errant officiars of . respondent Nos. 3 to g for violating legal norms, and pendin r disposal of the writ petition, direct the respondent Nos. 3 to g not to resort to a r r coercive measures against the petitioner except through lawful means and in st ict adherence to the Circula r dated 1 2.08'.2022. Counsel for the petitioner : SRI BONTHU LOKESH pHANhil rRA REDDY Counsel for the Respondent No..l : SMT. ANJALI AGARWT,I , S.C. FOR CENTRAL GOVEi VMENT Counsel for the Respondent Nos.2 to 9 : _ The Court made the following ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEIT4APAKA WRIT PETITION No.238O6 of 2025 ORDER: This Writ Petition is filed to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 to 9 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed manner without following the due process of law and in blatant violation of the Reserve Bank of India's Circular dt.l2.Oa.2o22 bearing No.RBI/2022-23 / tO8, DOR.ORG. REC.65/2 1.04.158 I 2022-

2. Heard learned counsel for the petitioner and Smt Anj ali Agarwal, learned Centra,l Government Standing Counsel appearing for respondent No.1.

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ Petition is ( t squarely covered by the order passed by this Court, dt.25.O4.2024 tn W.P.No.52O0 of 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 a adopted by the respondent Nos.4 to 7 for recov: amount from the petitioner, amounts to violation c f guaranteed under Articles 14 and 2l of the Cons India, this Court deems it appropriate to ( respondents, to ensure that the agents engaged b' recovery of the loan arnounts, shall strictly l guidelines and instructions issued by the Reseru India and also tl'e judgments of the Honble Sup:, in ICICI Bank Ltd. Vs, Prakqsh Kaur & Ors.t Bank Vs. Shantl Ded Shanna & Ors2." y of ioan the rights ituLion of irect the them for rllow the ' Bank of me Court md ICICI

4. Accordingly, in terms of the order passed by this Court in W.P.No.S2OO of 2024, dated 25.04.2024, and for he reasons alike, this writ petition is disposed of directing the resJr, ndent authorities and their agents to scrupulously follow the guic < lines/instructions issued by the Reserve Bank of India in its Circula: dated 12.08.2022 and also the judgments of Hon'ble Supreme Court i r ICICI Bank Ltd. Vs. Prakrrsh Kaur's case(l supral and ICICI Banl: Vs. Shantl Ded Sharma's case(2 supra). Pending miscellaneous applications, if a r 7, 'shall stand closed 'zoozlz\ '2008(71 scc 711 scc 532 To //TRUE COPY// sd/- s, ,l /IALLIKARJUNA RAO iISTANT REGISTRAR \.ro N OFFICER New Delhi - 1 10001 .

1. The Secretary, Union of lndia, Ministry of Finance, Nea Delhi. 2. The Chief General Manager, Reserve Bank of lndia ( tBl), 6, Sansad Marg, 3 The Chief Manager, HDFC Bank Ltd, No 1l1)t61t3, iuryodaya, Begumpet, 4. The Chief Manager, CapFloat Financial Services Pv. Ltd., 4th Floor, S B Towers, 6-3-354, Rd Number 1, Mothi Nagar, Dwzrr lkapuri, Banjara Hills, Hyderabad, Telangana 500034. Hyderabad, Telangana 50001 6. 7

5. The Chief Manager, SBI Cards a nd Payments Services Limited (SBI Card), DLF Cyber City, Tower C, Block 2 , Building 3 DLF lnfinity Towers,'.12th Flooi, Gurugram, HR - 122OO2. 6. The Chieff\4anager, IDFC FIRST BANK, Ground Floor, plot No 6-7. Survev No ou, Door No 1-121lKzJ6_-7, Nearby Athidhi Restuarant, Miyapui - _ Serilingampalle (M), Telangana 500049. 7. The Chief Manager,ADlIyA BIRLA CAPITAL, One World Center, Tower 1, 18th.Floor, Jupiter Mills Compound, 841 , Senapati Bapat Maig, Eipirifti;n; Road, Mumbai- 40009.,| B. The chief lr/anager, P_oonawafla Fincorp, No.7, Roxana Towers, office No.G- 1 to G-4 Ground Flool^ plock ,8, 1_24l1lRT, Greenlands, Begumpet, Hyderabad, Telangana 5000i 6. 9. The Chief Mg.!aSe!, Whizdm Finance private Limited, Survey No. 171 1A, The Address Build-ing, outer Ring Road, Kadubeesanahairi, Beil6ndur, e"ngirriu, Karnataka 560087. 10.one cc to SRI BONTHU LOKESH PHANTNDRA REDDY, Advocate topucl 1'l . One CC to SMT ANJALT AGARWAL, S.C. for Centrar Covernmeniib'iuCl-,, 12.Two CD Copies SA MP rVf a HIGH COURT DATED:1 810912025 I I \ o () ( * ri SI4 1 3rl 1il 2026 z.r) ! * 'fr 6) ORDER WP.No.23806 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 11,,',