✦ High Court of India · 24 Sep 2025

Reserve Bank of India and also the judgments of vs Learned Standing Counsel does not dispute the submissions of

Case Details High Court of India · 24 Sep 2025
Court
High Court of India
Decided
24 Sep 2025
Bench
Not available
Length
1,037 words

Acts & Sections

Biraboina Srinivas, Age. 51 years, Occ. Ernployee, R/o.3-1-12311,H anuman Basthi, Kothagudem, Kothagudem Colls, Khammam, Telangana - 5071O1. ...PETITIONER 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 - 110001

3. lClCl Bank, Rep. by its Chief Manager, lClcl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032. 4. SBI Cards ind Payments Services Limited (SBl Card), Rep. by its Chief Manager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, " 12th Floor, Gurugram, HR - 122002

5. HDFC BANK Limited, Rep by its Chief Manager PN 26, 33/A8634/8, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049 6. AXIS BANK, Rep by its Chief Manager Ground Floor, Sriven Mall, Miyapur Rd, J P Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 500049

7. BoB Financiat Solutions Limited, Rep. by its Chief Manager, Behind Diwan Shopping Centre, 2nd and 4th Floor, Baroda House, S.V. Road, Jogeshwari, Mumbai, Maharashtra - 400102. 8. INDUSIND Bank Limited, Rep Floor, Miyapur Cross Roads, Bol by its Chief Manager 1-248, Upper Ground laram, Telangana 500052 ..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 an appropriate Writ, Order, or Direction, more particularly in the nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to 8 in attempting tc 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 lndia Circular dated 12.08.2022 bearing No. RBI/2O22-231 108, DOR.OllG.REC.65/21.04.15812022-23, and further declaring the inaction of respondent tlo. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19, and 21 of the Constitution of lndia, and consequently direct the respondent ,authorities to refrain from undertaking . any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 8 , their agents, recovery agents, executives, managers, or any person acting on their behalf from engaging in any acts of intimidation, ltarassment, humiliation, or intrusion into the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to the petitioners premises, and further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit and to initial:e appropriate and stringent action against the errant officials of respondent Nlos. 3 to B for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 8 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular datetl 12.O8.2022. Counsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent Nos. 1 &2: Deputy Solicitor General of lndia Counsel for the Respondent No. 3 : SRI R. RAJENDRA PRASAD Counset for the Respondent No. 5 : SRI N.B. SUDARSHAN Gounsel for the Respondent No. 8 : SRI PRAVEEN KUMAR GAJULA CounselfortheRespondentNos.4,6&7:_-],, The Court m:rde the foltowing: ORDER THE.HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.25492 of 2O25 ORDER: Heard Mr Bonthu Lokesh Phanindra, learned counsel for petitioner, Sri R.Rajendra Prasad, learned. counsel for respondent No.3, Sri N.B.Sudarshan, learned counsel for respondent No.S and Sri Praveen Kumar Gajula, learned counsel for respondent No.S. 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.S2OO of 2024, dated 25.04.2024 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 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 2l of the Constitution of [ndia, 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 Honble 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 direction, petition is disposed of." the writ \ \ I I ( I 2

3. Learned Standing Counsel does not dispute the submissions of learned ccunsel for the petitioner. ,:. In t,:rmS of the order passed by this Court in W.P.No.S2OO of 2024; dated 25.04.2024, and for the reasons alike, this writ petition is dispose:d of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI Circular dated l2.O8.2Ot',2, an:d also the judgments of Hon'ble Supreme Court in ICICI Barrk Ltd Vs. Prakash Kaur and othersl and ICICI Bank Vs. Shanti D':vi Sharma and othersz. Pr:nding miscellaneous applications, if any, shall stand closed. i:..--- I 1lt Z9Cl. 2(2oos)1 gcLst> /,TRUE COPY/ 'R';ti,'flNYB'EFR7[ 7 G SECTION OFFICER To

1. The liecretary' Ministry of Finance' Union of lndia' New Delhi z.[:iB:'i.i :r"ir"6Al*anaser' 6' Sansad Mars' Reserve Bank of lndia (RBl)'

3.oneCCtoSRIBoNTHULoKESHPHANINDRAREDDYAdvocate[oPUC]

4.oneCCtoSRlDeputySolicitorGeneraloflndiaAdvocatetoPUC] 5. One: CC to SRI R' RAJENDRA PRASAD Advocate IOPUC] 6. One CC to SRI N'B' SUDARSHAN Advocate [OPUCI 7 . One CC to SRI PRAVEEN KUMAR GAJULA Advocate [OPUC] B. Two CD CoPies PVL BS lrS / / \ \ a o() S ,* 7z 1 6 {:IB 2026 * * HIGH COURT DATED:2410912025 ORDER WP.No.25492 of 2025 DISPOSilNG OF THE WRIT PETITION WITHOUIT COSTS @ LP\'lD q.(

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