Rcscne Bank of India and also the judgrr.t Honble Supreme Court in ICICI Bank v. Kaur's casc

Guttamedhi Naveen Kumar, S/o Guttamidi Kistaiah Gqrd Aged about 32 vJrs Occ- Private Emolovee, flat.no-103, first floor, VMB Arcade' Godavarl irorrjr, civ"iii r'tjgir, hedr rNn Gardens, Quthbullapur, Medchal-Malkajgiri, Telangana-500055. ...PETITIONER AND 1 2 3 4 5 6 7 8 The Union of lndia, Rep. by its Secretary, Ministry of Finance, New Delhi The Reserve Bank of lndia, Rep. by its Chief General Manager, 6, Sansad Marg, New Delhi -1 10001 lClClBank,Rep.byitsChiefManager,lClClBank-Towers'Frn.an^cralDist' pfoi ffo. td, Nahakramguda, Gachibo-wli Hyderabad, Telangana 500032' AXIS BANK, Rep. By its Chief Manager. NPC1,- sth Floor, G-rgaPlex' Plot no t f S trlltOC,'niroli Knbwledge Park, Airoli' Navi Mumbai - 400708' SBI Cards and Payments Services Private Limited, lep Qy-its . Chief rrr[n"o.r. bf-F infinitri Towers, Tower C, 1gth-12th Floor, Block 2, Building 3, DLF Ciyber City, Gu(aon -122002 (Haryana), lndia HDFC Bank. Rep. Bv its Chief Manager, 5th Floor, Tower B, -Peninsula Business Paik, LowerParel West, Mumbai 400013 Kisetsu Saison Finance lndia Pvt Ltd, Rep. By its Chief Manager, lndiqube Lexinoton Tower. First Floor, Tavarekere Main Road. Tavarekere, SG Palya, Benglluru, Karnataka - 560029. BAJAJ FINANCE Ltd, Rep. By its Chief Marager, 6th Floor, Bajai Finsery om"",- prne- Ahmednagar Roid, Viman Nagar, Pune, cbrp"iri" Maharashtra - 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 an appropriate writ, order or direction more particularly one in a the nature of WRIT OF MANDAMUS declaring the actior of the respondents in not controlling the agents who harassing the petitioner and his family by the respondents Nos 3 to 8 (bank authorities and financi:rl institutions) is illegal, arbitrary, violation of the principles of natural justice and I latant violation and as well as Rules framed under Reserve Bank of lndia and he fundamental rights guaranteed under the Constitution of lndia consequently !irect the respondents not to harass the petitroner and his family members on I e ground of collecting the monthly installment dues and direct respondent nos. 3 to 8 to follow Circular dated 12 08.2022 vide RBll2O22-23t108, DOR.ORG. RE(l 65/21.04 15Bt2O22-23 issued by respondent no.2 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the : rcumstances stated in the affidavit filed in support of the petition, the High Cct rt may be pleased to direct the respondents not to take any coercive measures against the petitioner and not to harass him and his family without following d L e process of law and followrng Circular dated 12.08.2022 vide RB t)-022-23t 108,DOR. ORG REC.65/21 04 15812022-2 issued by RBl, pendin(l disposal of the writ petition Counsel for the Petitioner : SRI BONTHU LOKESH PHANI IDRA REDDY, Representing FOR SRI M KE SHAV YADAV,ADVOCATE Counsel for the Respondent No. 1 : SRI N. BHUJANGA R6 O, Deputy Solicitor General of lndia Counsel for the Respondent No. 2 : SRt V. NEELA VENKIi A RAJYA LAKSHMT Counsel for the Respondent No. 3 : M/S M.V. KlNl CO-AD'/ )CATES SOLICITORS // Counsel for the Respondent No. 7 : Ms. K. RAMYA Counsel for the Respondent No. 8 : SRI R. MANGULAL Counsel for the Respondent Nos.4,5,& 5: --- The Court made the following: ORDER THE HON'BLE SRI JT'STICE NAGESH BHEE MAPAI(A VIRIT PETITION No.2542a of 2025 ORf,'ER: Heard Sri Bonthu Lokesh Phanindra Reddl , learned counsel representing Sri M.Keshav Yadav, learned counsel fo- the petitioner, Sri N.Bhujanga Rao, learned Deputy Solicitor Gen,: al of India for respondent No. 1, Sri V.Neela Venkata Rajya Lakshnr,learned counsel for respondent No.2, M/s. M.V.KINI Co-Advocat:s Solicitors for respondent No.3, Ms I(.Ramya, learned counsel for res tondent No.7 and Sri R.Mangulal, learned counsel for respondent I,l r.8. perused the record.

2. When rhr: mattcr is taken up lor hearing, Ice rned counsel for \ petitioner submittecl thaL the issue raised in thir; Writ petition is squarely covered b], the ordcr passed by this Court i r W.p.No.52OO of 2024, claLed 25.O4.2024 and thereforc, the same orde:- rray be passed in this writ petition as r.r,cll- The operative portion of the said order reads I I as under: '8. For the aforesaid reasons and as the adoptcd lly the respondent Nos.4 to 7 for r Ioax aln(,[r n t from the petitioner, amounts to \ the rights guaranteed undcr Articles 14 an<[ Constitution of India, this Court deems it alt1r direct thc respondents, to ensure that .l engagcd by them for rccovcry of the loan amc,r strictly lollow the guidelines and instructious thc Rcscne Bank of India and also the judgrr.t Honble Supreme Court in ICICI Bank Ltd Vs Kaur's casc (1 supra) and ICICI Bank Vs. Sh Sharma's case (2 supra). :rocedure )covery of olation of 21 of the opriate to e agents nts, shall issued by nts of the Prakash lnti Devi 2

9. With the above said direction, the writ petition is disposed of."

3. Learned Counsel for the respondents does not dispute the subrnissions of learned counsel for the petitioner.

4. In terms of the order passed by this Court in 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 to scrupulously foliow the guidelines/ instructions in the RBI Circular dated 12.O8.2022, and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersl and ICICI Bank Vs. Shanti Devi Sharma and others2. Pending miscellaneous applications, if any, shall stand closed. SD/.U. SUDHA SSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, I Iffi 3f;iiF33;#iii#Sl5Jlslsllls H:itlfiI$'*il?I3i1[ ot rna '' 'ff[i,m* *m* . pi#iq*i'H:is'Ja:ili'tt"Froor' rower B' -Peninsura Business Park '?tr:y;I;sPE[s':f :'":p"i,$lJ,f; lliHsif +15#"''ls;J:33'3:'";Hn'13:'"' ' rn':iri,il*' *' ffi,lilffi=ffi fi#ffi#ffi rr*t*['*#s# toluql 11 Sff 15. Two CD CoPtes ""3,1," S"-- tf'Kh'iilT3f"gi"i3t' " \ \fr ttI HIGH COURT DATED:0711012025 ORDER WP.No.25428 of 2025 j- 1:.-=:.- . i, 17 t-; i-tfr f ( ,./ \ ;.. \ .l DISPOSING OF THE WRIT PETITION WITHOUT COSTS