The High Court · 2025

IDFC FIRST BANK, Rep. by its Chief Manager, The Square, C-61, G Block, Bandra-Kurla Complex C-61, G Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 400051 RBL Bank, Rep. by its Chief Manager Shop no 5-4110 and 5-411 'l Ground floor, Chanda Nagar, Hyderabad, Telangana 500050 Aditya Birla Capital Ltd., Rep by its Chief Manager, One World Centre, Tower 1 , l Bth Floor, Jupiter Mill Compound, 841 , Senapati Bapat Marg, Elphinstone Road, Mumbai - 400 013, lndia, '10. lndia lnfoline lnvestment Services Limited, Rep. by its Chief Manager, llFL Finance Limited, B02,8th Floor, Hubtown Solaris, N. S. Phadke Marg, Vijay Nagar, Andheri East, Mumbai - 400 069. fi.fi;-7 1'1 CjpFloat Financial Servrces pvt Ltd. Rep. by its Chref Manaqer, New No. 3 Lold 211), Gor,aldas pratrnum Upper paiace'orctiarJr, B;itr"tR";;. '- " saoashivanagar. Bengaluru, Karnataka _ 5600g0 SSI1lVJ.Vq Bank Ltd. Rep by its^Chief Manager, Cenrrat Office, No.20, rrode Koad. Vadivel Naqar. L N S. Karur _ 630002. 12

13. The south rndian Bank Lrnrited, Rep. by its chief Manager, Mission euarters, Thrissur - 680001 Kerala lndia

14. slvFG lndia credit corrpany ltdr Bgp by its chief [\,4anager, commerzone rr Parh lower B ist Froor Nci 11 1. Mouni poonamarrre R"oad. porur,-cnennai - 600116. Tam I Nadu 15 North East Small Finance 81i lfd Rep. by its Chief IVlanager, No. 9, Asl.forcj Park Vew S0 |::lF9 Next to'Widro House Buildiig Koramanqata, 3rd Brock. Bangalore - 56J034 Bangalore' 5600ii- ...RESPONDENTS -particularly Petrtion under Artrcre 226 of the constrtution of India praying that in the circumstances stated in the affidavit filed therewith, the High'cJurt may be pleased to issue an approprate writ, order or direction more one in the nature of wRlr oF lvlANDAlvruS declaring the actrcn of the respondents in not controlling the agents who harassing the petitione. and his family by the respondents Nos. 3 to 15 (bank authorrties and financrar rnstitutions) is ilLgat, arbrtrary, violation of the prncrpres of natural justice and blatant violation ,niu" well as Rules framed under Reserve Bank oi rndra anc the fundamentar rights guaranteed under the constrrutron of rndia consequenfly drrect the respondJnts not to harass the petltioner and his family members on the ground of colecting the monthly installment dues arrd drrect respondent nos. 3 to i 5 to follow circular dated 12 08 2022 vide RBrtzo22-23r108, DoR.oRG.REC.65/21.04 1sat2o2z-23 issued by respondent no 2 lA NO: 1 OF 202 5 Petition under Sectr<>n 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ine Hign c)ourt may be pleased to direct the respondents not to take any coercive measures againit the petitioner -process oi law and and not to harass hinr and h s family without following due following circutar dated 12 08 2022 vide aavzozz-zst 1og,DoR. oRG REC 65/21 .04 15\rzo22 2 rssued by RBr, pending disposar of the writ petition. Counsel for the Petitioner: SRI M. KESHAV YADAV Counsel for the Respondent No.1 & 2: SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia Counsel for the Respondent No.3: SRI M.p. KASHYAP Counsel for the Respondent No.4: SRI SUDHARSHAN NARAHARI Counsel for the Respondent No.7 & 11: SRI B. SRIHARI Counsel for the Respondent No.9: SRI V. SANTHOSH Counsel for the Respondent No.12: SMT. S.A.V. RATNAM Counsel for the Respondent No.13: SRI G. VENKAT SRI MAITHREYA Counsel for the Respondent No.14: Ms. LAKSHMI KANTAM Counsel for the Respondent No.5,6,8 & 10: - - - - The Court made the following: ORDER -;=+aiEEE-7 / THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.24752 of 2025 ORDER: IIcard Mr.ir,l.licshar Y:rdav, Iearned counsel lcrr the petitioncr, Sri N.tshujangzr Rao, lcarn,:d D,-pu[. Solicitor General of lndia, for respondent No.1, Sri G.Venkat Sri Mzritl-rre1,a, learned counsel for respondent No.13, Ms.Lakshmi Kantam, lcarnecl counsel lor respondent No.14, Sri B.Srihari, learned counsel frrr respondent Nos.7 and 11, Sri M.P.Kashyap, learned counsel for respondcnt No.3, Sri Sudharshan Narahari, learned counsel for responclent No.4, Sri V.Sant}-rosh, lezrrned counsel tbr respondent No.9. Perused the record.

2. Despitc service of notice, none appearcd for remaining respondents.

3. Whcn the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ petition is squarely covered br' fhe ordcr passed by this Court in W.P.No.52OO of 2024, dated

25.04 .2021 and there fore, Lhe same order may be passed in this writ 0 I petiLion as well. The operative portion of the said order reads as under: "8. F-or the aforesaid reasons ald as the procedure adopted by thc rcspondent Nos.4 to 7 for recovery of loal amount from the petitioner, amounts to violation of the rights gua-ranteed under Article s 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 recor/ery of the loan amounts, sha11 strictly follou, the guidelines and ins[ructions issued by the Reserve Balk of india ard also thc judgments of the Honble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (1 supra) and 2 ICICI Bark Vs. Shanti Devi Sharma's case (2 supra). g. With the above said direction, the !!Tit petition is dr sposed o[." 4 Learned Standing counscl for respondents have no ob.lection to lhe Accordingly, in terms of the order passed by this Court u'r

5. 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 follor"' the guidelines/ instructions issued by the Reserve Bank of India in its circular dzrtecl 12.O8.2022 aod also the judgments oi Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'1s case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applicrtions, if anl', shall lqqdptosed t lzno+) z Scc 4t z lza*)t Scc S3z- SD/-A. SRINIVASA REDDY ASS STANT REGISTRAR //TRUE COPY// s CTION OFFICER To,

1. 2. J. 4. 5. 6. 7. B. 9. One One One One One One One One One !ndia 10.Two BN BS CC to SRI M KESHAV YADAV, Advocate [OPUC] CC to SRI IV.P KASHYAP, Advocate [OPUC] CC to SRI SUDHARSHAN NARAHARI, Advo-cate [OPUC] CC to SRI V. SANTHOSH, Advocate [OPUCI CC to SRI B. SRIHARI, Advocate [OPUC] CC to SRI G VENKAT SRI MAITHREYA, Advocate IOPUC] CC to Ms. LAKSHMI KANTAM, Advocate IOPUCI CC to SMT. S.A.V. RATNANI, Advocate IOPUC] CC to SRI N BHUJANGA RAO, Deputy Solicitor General of loPUCl CD Copies HIGH COURT DATED:1 111112025 I I ORDER WP.No.24752 of 2025 iP"! s') il,l* () t 1 6 11',I iilF. i HeT DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?$(. >g\>\> 6 : t.