The High Court · 2025

Judgment

8. Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 'l 10001

IDFC FIRST BANK LIMITED, Rep by its Chief Manager, Ground Floor, veer chambers, No 1-10-63/1/ 1 , opposite Shoppers Stop, Chikoti Gardens, Begumpet, Hyderabad, Telangana 500016 TATA CAPITAL LIMITED, Rep. by its Ch'ef Manager, 1'lth Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharastra - 400013. Standard Chartered Bank, Rep. by its Chief Manager, C 38/39, G Block, Crescenzo Building, Bandra Kurla Complex-Bandra (East), Mumbai - 400051, Maharastra. ADITYA BIRLA CAPITAL, Rep. by its Chief Manager, One Wodd Center, Tower 1 , l Bth Floor, Jupiter Mills Compound, 841 , Senapati Bapat Marg, Elphinstone Road, Murnbai- 400091. POONAWALLA FINANCE LIMITED, Rep. by its Chief Manager, Registered Office. S. No.83, Ground Floor, AP81, Mundhwa, PUNE 411036, Maharashtra. : SMFG lndia Credit Co. Ltd., Rep. by its Chief Manager, Second Floor, Unit No.21-22, Kalpataru Square, Kondivita Road, Off. Andheri Kuria Road, Andheri(East), Mumbai - 40OO59, Maharasthra. ...RESPONDENTS Petition under Article 226 of llrc 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' more nature of Writ of Mandamus, declaring the action of responde attempting to recover amounts from the petitioner in an arbitrar handed manner without following the due process of law and itr the Reserve Bank of lndia Circular dated 12'08'2022 bear 23t1O8, DOR.ORG.REC .65121 .O4'158t2O22-23' and further dt> of respondent No. 2 in enforcing the said Circular as unconstilt of Articles 14, 19, and 21 of the Constitution of lndia' and cort respondent authorities to refrain from undertaking any ctl recovery measures against the petitioner and to strictly c|) process of law and the aforesaid Circular in all recovery proce restrain respondent Nos.3 to 08, their agents' recovery i managers, or any person acting on their behalf from engag intimidation, harassment, humiliation, or intrusion into the prit'i or his family members, referees or friends' including persi; calls, threatening messages, or physical visits to the petitic r further direct respondent No 2 tro enforce the said RBI Circu z and to initiate appropriate and stringent action against the respondent Nos. 3 to 08 for violating legal norms' and pending petition, direct the respondent Nos' 3 to 08 not to resort to an! against the petitioner except through lawful means and in st'i Circular daled 1 2.08.2022. particularlY in the rt Nos.3 to 08 in ', illegal, and high- blatant violation of rg No. RBI/2022- ,laring the inaction lional and violative equently direct the rrcive or unlawful nply with the due :dings, and further gents, executives, ing in any acts of cy of the Petitioner ent or anonymous e/s premises, and r in letter and spirit enant officials of disposal of the writ coercive measures :t adherence.to the Counsel for the Petitioner : SRI BONTHU LOKESH PHANlhll IRA REDDY Counset forthe Respondent No.1: SRI ANGOTHU NEHRU' E General of lndia Cotmset for the Re$pondent Nos. 2 to I : --- eputy Solicitor The Court made the follovYing: ORDER THE HON'BLE SRT JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.25761 of 2o25 ORDER Heard Smt Thakur Manaswini Singh, learned counsel representing Sri Bonthu Lokesh Phanindra Reddy, learned counsel for petitioner, Sri Angothu Nehru, learned Standing Courlsel for Central Government for respondent No. 1. Perused the record.

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 irl W.P.No.S2OO \ of 2024, dated 25.O4.2024 and tJrerefore, the same order may be passed in this writ petition as rvell. The operative portion of the said order reads as under: I I "8., For the aforesaid r€as.ons 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 21 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 a-rnounts, shall strictly follow the guidclines ald instructions issued by the Reserve Bank of India and also the judgments of the Hon'lele Supreme Court in ICICI Bank Ltd Vs. Prakesh Kaur's case (1 supra) ald ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). 9. With the above said direction, petition is disposed of." the writ 2

3. l,earned Standing Counsel does not dispute th, , submissions of a ..j learned coulsel for the petitioner.

4. In terms of the order passed by this Court i:r W.P.No.5200 of 2024, dated 25.04.2024, and for the reasons alike, ' his writ petition is disposed of directing the respondent authorities; to scrupulously follow the guidelines/ instructions in the RBI Circular dated L2.O4.2O22, and also the judgments of Hon'ble Su preme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersr anrl ICICI Bank Vs. Shaatl Devi Sharma aad others2. Pending miscellaneous applications, if anl, shall stand sD/- ( BHAVANISWAMY I iTANT REGTSTRAR /,TRUE COPY// SECTION OFFICER { To,

1. Secretary, Ministry of Finance, Union of lndia' New Delr 2. Chiet General Manager, Reserve Bank of lndia (RBl), (, Sansad Marg, New Delhi - 110001 \

3. Chief Manager, IDFC FIRST BANK LIMITED' G-round f loor' veerchamberc' No 1-1043/1/ t, opposiie'Snoppeo Stop; Chikoti iardens' Begumpet' Hyderabad, Telangana 500016 4. Chief Manager, TATA CAPITAL LIMITED, 11th Floo'' Tower A' Peninsula -' d;;i.;;; P"?i,'Ganpatrlo'KadJm tvtarg, Lower Parel' I lumbai' Maharastra - G Block' Cresce-nzo "aZ;;rJ kJrri comptex-Bandra (East)' vumbai - 400051'

5. Chief Manager, Standard Chartered Bank, C " Eiiii,ii"ri, -38/39

400013. Maharastra.

6.ChiefManager'AD|TYAB|RLACAPITAL,oneWorld()ent9r,Tower1,18th " F|;;, irpiG",:rr/|iir. compJuno' 841, Senapati Bapat Ma g, Elphinstone Road' Mumirai-'40009'1 . T.ChiefManager'PooNAWALLAFINANCELIMITIII,Registeredffice.S. ' Nii. ris,-Gt",i,id Floor, AP81, Mundhwa, PUNE 411036 vlaharashtra' d. unret Manager, SMFG lndia Credit Co. Ltd., Second Floor, Unit No.21-22, Kalpataru Square, Kondivita Road, Off. Andfieri Kuria Road, Andheri(East), Mumbai - 400059, Maharasthra.

9. One CC to.SRl BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUCI 10.One CC toSRl ANGOTHU NEHRU, Deputy Solicitor General of lndia Advocate IOPUC]

11.Two CD Copies PVL l HIGH COURT DATED:1210912025 ORDER \ WP.No.25761 of 2025 1rr - SII (t ( c) 2 i ,tll ?026 , z. 6) , t Sr ATCII \ t I I I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS JK3 tzf ,f ze i j I I I I ; I I I I I I I I ! I i I I I i I i i ; I j ; I i i l I I I