Reserve Bank of India and also the judgments of vs Learned Standing Counsel does not dispute
Case Details
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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 25693 OF 2025 Between: BgOOqli Nithin, S/o. Boppani Shyam, Age. 25 years, Occ. Job searching R/o 2- 46/'1, Chiwemla, Nalgonda, Telangana - 508213 Pan No. EBYPB2736K. - AND '1. Union of lndia, Represent by its Secretary, Ministry of Finance, New Delhi 2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 14001 ...PETITIONER
3. YES BANK, Rep by its Chief Manager Ground Floor, Shop No.11, 77, NH 65, Gouthami Nagar Colony, Jawahar eolony, Chanda Nagai, Hyderabad, Telangana 500050 Axlq q4NK, Repby its Chief [Vlanager Ground Ftoor, Sriven Matt, Miyap Rd, J P Nag_qr, CG Employees Colony, Mayuri Nagar, Miyapur, Hydeiab Telangana 500049 UT ad, 4
5. IDFC FIRST BANK, Rep by its Chief Manager Ground Floor, Ploi No 6-7, Survey No 68, D.oor No 1-121lKzl6-7, Nearby Athidhi Restuarant, Miyapur, Seriiingampalle'(M), Telangana 500049 6 EBL Bank, Rep. by its Chief Manager Shop no 5-4110 86 5-411 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050 7 ADITYA BIRLA CAPITAL,, Rep. by its Chief Manager, One World Center, Tower 1, 18th Floor, Jupiter tvlills Compound, 84'l,Senapati Bapat Marg, Elphinstone Road, Mumbai- 400091 . I lpfQ Bqnk Limited, Rep. by its Chief Manager, Gr Flr, Sunny Plaza, No A6n28, Bland 2, Narayanglda, Hyderabad, Telangana 500029
9. S-Bl Cards and Payments Services Limited (SBl Card)., Rep. by its Chief lYlql,1g"r, D_LF Cyber City, Tower C, Block 2, Building 3 DLF tnhnity Towers, 12th Floor, Gurugram, HR - 122OO2. ,..RESPONDENTS Petition under Article 226 of the Constitution of lnc i circumstances stated in the affidavit filed therewith, the pleased to issue an appropriate Writ, Order, or Direction, nt nature of Writ of Mandamus, declaring the action of resp I attempting to recover amounts from the petitioner in an high-handed manner without following the due process l violation of the Reserve Bank of India Circular dated 121 RBI 12022-23 t 48, DOR. ORG. REC.65/2 1 . 04. 1 58 12022-23, a the inaction of respondent No.2 in enforcing the said Circuli and violative of Articles 14, 19, and 21 of the Consli consequently direct the respondent authorities to refrain I coercive or unlawful recovery measures against the petrl comply with the due process of law and the aforesaid C r proceedings, and further restrain respondent Nos. 3 to 9, I agents, executives, managers, or any person acting o engagrng in any acts of intimidation, harassment, humiliatior- privacy of the petitioner or his family members, referees persistent or anonymous calls, threatening messages, or 1 petitioner's premises, and further direct respondent No. 2 tc, Circular in letter and spirit and to initiate appropriate and str the errant officials of respondent Nos.3 to g for violatir pending disposal of the writ petition, direct the responderr resort to any coercive measures against the petitioner e,; means and in strict adherence to the Circular dated 12.08.21 r praying that in the- High Court may be rre particularly in the tdent Nos. 3 to 9 in rrbitrary, illegal, and law and in blatant t8l2122 bearing No. rd further declaring r as u nconstitutiona I ution of lndia, and cm undertaking any oner and to strictly lular in all recovery eir agents, recovery r their behalf from or intrusion into the rr friends, includ ing hysicaI visits to the -,nforce the said RBI lgent action against g legal norms, and Nos. 3 to 9 not to cept through lawful a2 Counsel for the Petitioner : SMT THAKUR MANASW|NI Stt\ ( ;H REPRESENTTNG SRI BONTHU LOKESH PHANIhI )RA REDOY Counsel for the Respondents No 1: SRI ANGOTHU NEHRL Counsel for the Respondent No 8: SRI NB SUDARSHAN Counsel for the Respondents No 2 To 7 & 9: -- The Court made the following: ORDER SC FOR CENTRAL GO! ERNMENT THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.25693 of 2o.25 ORDER: Heard Smt Thakur Manaswini Singh, learned counsel representing Sri Bonthu Lokesh Phanindra Reddy, learned counsel for petitioner and Sri Angothu Nehru, learned Standing Counsel 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 in W.P.No.52OO of 2024, dated 25.O4.2024 and therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: I ( "8. For the aforesaid rcasons and as the procedure adopted by the respondenl Nos.4 to 7 for recovery of loan amount from the petitioncr, amounts to violation of the rights guaranteed under Articles 14 and 2 1 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, shall strictly 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 Bank VS. Shanti Devi Sharma's case (2 supra). 9. With the above said dire ction, the writ petition is disposed of." ) , i i 2
3. Learned Standing Counsel does not dispute learned counsei for the petitioner. \ he submissions of
4. In terms of the order passed by this Court n W.p.No.5200 of 2024, dated 25.O4.2024, and for the reasons alikr: this writ perition is disposed of directing the respondent authoritir: r to scrupurousry follow the guiclelines/instructions in the RBI Circular dated l2'oa'2o22' and aiso the judgments of Hon,ble fi rpreme Court in ICICI Bank Ltd Vs. prakash Kaur and othersl an< ICICI Bank Vs. Shanti Devi Sharma and othersz. pending miscellaneous applications, if an.r shall stand closed T{.Jl;itHfHAE,SFRiI //TRUE COPYII t_ ;ECTION OFFICER To, -1. , The Secretary, Ministry of Finance, Union of lndia, New t( lhi ruia#iJ,generat Manaser, Reserye Bank of tndia (RBt), I Sansad Marg, itf;i,:3:iJ"i',3*],t8sffiiix*sjrLuj,,,i,il;J?.:, 'i};fiff ' IlEf,Jffi ; e"?:41.",:f,i t 3f i il,x fi::tu,;:,J: i H; L ,,{33" o o, o I i t; l 'ls:p,,ilfi#"1"",]ji4'&?ffl " Ii:,f.?"^l#:?:fl ,i{.}ftil#;l,ff Issitip"",rfi ifi sr,t""%,i,,:)y3g..,,", ifu [Bl.?,*,"J""f,,r".8""J1r 86 s -4 t 1 1 ] ro u n d,oo r, fut3.,rrn?,ffi *:l;i,i,:,ry,*1i,1;;,r,,,r;::;,,; :_ I?: "". ru?,i,z',h I'l i?fl%[ f +s*,8 : Ix fffi lnn, n z z, N o 3, 6 t7 2 B, I I l 1 \, q The Chief Manager; SBI Cards and Payments Services Limited (SBl Card). DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002. 1o.One"CC to SRI BONTHU LOKESH PHANINDRA REDDY Advocate [OPUCI 11, One CC to SRI SRI ANGOTHU NEHRU SG FOR CENTRAL GOVERNMENT loPUcI
12.One CC to SRI N B SUDARSHAN, Advocate [OPUCI 13.Two CD Copies o D.N PSK HIGH COURT DATE D : 1 210912025 ORDER WP.No.25693 of 2025
24. -.i' .-, -.\)' ,l Srr t I ,t (- <) ?7 Jtl{mS zr) T I * : _ -1'_t' - _:___ .-. 1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ w