The High Court · 2025

8. IDFC FIRST Bank Ltd, KRM Tower, 7th Floor, Rep. by its General Manager, No. 1 , Harrington Road, Chetpet, Chennai - 600031, Tamil Nadu, lndia- 9. Bajaj finance limited business loan, Rep. by its General. Manager, Off. 6th ftoor'Bajaj finsery corporate office, Ahmednagar Road' Viman Nagar, Pune 411014. ...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 writ order or Direction more particularly one in the nalure of Writ of Mandamus declaring the action of the Respondent Nos 3 to 9 in high handedly, arbikarily, and illegally trying to recover th€ amounts from the petitioner by not following Circutar dated 12lOBt2O22 v t e RBlt2O22-23l1OB DOR.ORG.REC .65121 .04.15812022-23 issued by Respondt: t No. 2 or any due process of law and the inaction of the Respondent No. 2 lc legitimately protect .12.0g.2022 vide the interest of the petitioner by duly enforcing Circular dir -.d RBI I 2022-23 I 1 0B DO R. O RG. R EC.65 I 21 .O 4. 1 SBt 2022-23 as I tegat arbitrary a nd u nconstitutional for violating Art 14, 1g and 21 of the Cor: .itution of lndia and consequently direct the Respondent No.2 to duly enforc: the Circular dated 1210912022 vide RBll2022-23l108 DOR.ORG REC .65,,2. 04j5g2O22-23 to protect the interests of the petitioner against the Responrl, nt Nos. 3 to 9 and direct the Respondent No. 2 to take stringent action against the errant official of the Respondent Nos. 3 to g in unlaMuliy illegally and arbitra ity taking to recover the amounts from petitioner without following any due proces ; of law. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in the ( rcumstances stated in the affidavit filed in support of the petition, the High cotrr may be pleased to direct the Respondent Nos. 3 to g not to harass the petitirr rer withoui following circular dated 1 2t08/2o22 vide RBtt2022-23t1 oB DoR.oF ( .REC.65/21.04. 1 s8J 2022-23 & the due process of law pending disposar of tt r above writ petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI MAHESH KOSGI Counsel for the Respondent No.1: SRI N. BHUJANGA RA() Deputy Solicitor Genera of lndia Counsel for the Respondent No.4: SRI SUDHARSHAN NAR \HARI Counsel for the Respondent No.6: SRI N.B. SUOARSHAN Couhsel for the Respondent No.g: SRI R. MANGULAL Counsel for the Respondent No.2,3,5,7 & g: . - - - The Court made the following: ORDER "f=err'EEE..irqtr .-j'b- I/ THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.247O8 of 2025 ORDER: Sri Mahesh Kosgi, learned counsel for thc petitioner; Sri N.Bhujanga Rao, le:rrned Deputy Solicitor General of India for respondent No. 1; Sri Suclharshan Narahari, learned counsel for respondent No.4; Sri N.B.Sudarshan, Iearned counsel for respondent No.6 and Sri R.Mangulal, learncd counsel for respondent No.9. \ t

2. When the mattcr is taken up for hearing, learne d counse I lor petitioner submitted that the issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.5200 of 2024, daLecl 25.O4.')O24 and therefore, the same order may be passed in this writ I petilion 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 fot recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 27 of the Constitution of India, this Court deems it appropriate to direct thc respondents, to ensure that the agents engaged by them for ;ecovery of the loan arnounts, shall strictly follow the guidelines and instrucLions issued by the Reserve Bank of india and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Ptakash Kaut's case (1 supra) and ICICI Baak Vs. Shanti Devi Sharma's case (2 supra). g. With the above said direction, the writ petition is disposed of." 3 Learned counsel for respondent Nos.1, 4,6 and t have no objection'

4. Accorilingly, in terms of the order passed by this Court in t I .,i 2 w.P.No 5200 of 2o')4, crared 2s.04.2o24, and for the r(:rso.s alike, this u.rir petition is disposed of directing thc respondent autho- ties anrr their agents to scrupulously follou, tl-re gurdcrincs/instructions ir; ,ecr by trre Rescrvr Bank of I.dia i, its circular clated I2.og.2o22 and .so the judgments o Hon'ble supremc court in ICICI Bank Ltd. w. prakr ;h Kaur'ls case arr ICICI Bank v. Shanti Devi Sl-arma'2s case, ,.rhil,r rccovering the loar amounts from thc petitioncr Pcnding miscellancous applicatior-rs, if an1., ; rall stand closed. No costs. ,/ SDI. S T P. PONNA KRISHNA ir; ;isieur RE-GlsrRAR ,3 /TTRUE COPY// sECTloN OFF|CER To, 1 2 4 5 6 7 8 ffi".gdg1,gfr*,;66'flf,Pffi iffifl [i,,fi ',ffi ", ffi.g#,,rxtfi .gr'.m*ol', i tlti,i,;jffi . F "r N' 1 ?[E #:di#,fi#ftye^cffiE'I#i:iiii,,*, "n Harrinston Road, chetpet, tilJitit"'i --oobbai"r" I \adu' lndia' (2007) 2 SCC 711 ' , (2008) 7 SCC s32 I l I ffiffi{lEtffi$flffiffi+ffi*r3:!'" \

15. Two CD CoPies BN BMk HIGH COURT DATED:1211112025 ORDER I t WP.No.24708 of 2025 'ihE.5I At6 t o() i rr 1q 7rl7t C) J\' * () * I I tI I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS c4iE 7