ICICI Bank Ltd Vs. prakash Kaur and othersr anc ICICI Bank vs SD/- S. wl, TLLIKARJUNA RAO

Petition under A(icle 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 the nature of WRIT OF MANDAMUS declaring the action of the respondents in not controlling the agents who harassing the petitioner and his family by the respondents Nos.3 to 7 (bank authorities and financial institutions) is illegal, arbitrary, violation of the principles of natural justrce and blatant violation and as well as Rules framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to harass the petrtioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos. 3 to 7 to follow Circular dated 1 2.08.2022 vide RBtt2O22-23t 1 OB, DOR.ORG. REC i I /2 1 .04. 1 SB:2O22_23 issued by respondent no.2. IA NO.1 2025 Petition under section 'r51 cpc praying that in the r.cumstances stated in the affidavit filed in support of the petition, the High cour may be preased to direct the respondents not to take any coercive measures r yainst the petitioner and not to harass him and his famiry without folowing duo crocess of raw and following circular dated 12.08.2022 vide RBU2( 22-231108, DoR. oRG.REC.65/21 .04 -158/ zo22-23 issued by RBr, pending lisposar of the writ petition Counsel for the Petitioner: SMT THAKUR MANASWINI SIN(; l, REp. By SRI. M. KESHAV YAt) \V Counsel for the Respondent No.1: SRI ANGOTHU NEHRU SC FOR CENTRAL GOVT. Counsel for the Respondent No.3: M/S. SWATHI MENON p Counsel for the Respondent Nos.2, 4 to 7: -- The Court made the following: ORDER r I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.2 57,73 of 2O2S ORDER: Heard Smt Thakur Manaswini Singh' learned counsel representing Sri M.Keshav Yadav, 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'S2OO of 2024, dated 25.O4.2024 and' therefore' the samc order may be passed in this writ petition as well' The operative portion of the said t I order reads as under: "8. For the aforesaid reasons and as the p-.o..dr.. adopted by the respondent Nos 4 19.' f"' i..ou.ry of loan amount from the petitioner' to violation of the rights guaranteed under ;;;";;" n.ti.t." 14 and 21 of the Constitution of India' this Court de ems it appropriate to direct respondents, to ensure that the agents engaged by ifr"'", f.. recovery of the loan amounts, shal1 strictly iotto* tfr. guidelines and instructions issued by the R;;..". BInk of India and also the judgments of the go.rlcte Supreme Court in ICICI Bank Ltd Vs' prakash Kaur's case (1 supra) and ICICI Bank Vs' Shanti Devi Sharma's case (2 supra)' g . With the above said direction' the writ petition is disPosed of." . 2 r-\

3. Leatned Standing Counsel does not dispute th< submissions of learned counsel for the petitioner.

4. In terms of the order passed by this Court rr W.p.No.5200 of 2024, dated '25.04.2024, and for the reasons alike, t ris writ petition is disposed cf directing the responct-ent authorities _o scrupulously follow the guiderines/instructions in the RBI circurar dated 12.08.2022, and also the judgments of Hontrle Srr treme Court in ICICI Bank Ltd Vs. prakash Kaur and othersr anc ICICI Bank Vs. Shanti Devi Sharma and others:. Pending miscellaneous applications, if an1 , shall stand closed To, CHR ,JT SD/- S. wl, TLLIKARJUNA RAO ASSr irANT REGTSTRAR /\ r r ', ,.' --- - \i seoTroN oFFrcER //TRUE COPY// Delhi -1 10001 1 . The Secretary, Ivlinistry of Finance, Union of lndia, lr r w Delhi 2. The Chief General Manager, Reserve Bank of lndia, r , Sansad Marg, New 3. The Chief General Manager, Visage Holdings and F r Limited, (KinaraCapital Private Limited), 50, Second I HAL ll Stage, lndiranagar, Bengaluru, Karnataka - 53 4. The Chief General Manager, Epimoney Private Limi ( Floor, South Annexe, Tower 2, One World Centre, 84 Marg, Lower Parel, Mumbai, Maharashtra - 400 013 5. The Chief Manager, Cholamandalam lnvestment anc Building, Tower B, Plot 31-32, Financial District, Narr; Serilingampally, Hyderabad, Rangareddi, Telangana 6. The Chief lvlanager, Hero Fin Corp Ltd, 34, Commu r ance Private loor, 100 Feet Road, )038 d (FlexiLoans), 4th I , Senapati Bapat Finance Company, kramguda, )00032. .y Centre, Basant Lok, Vasant Vihar, New Delhi, 1 10057

7. The Chief Manager, BAJAJ FINANCE LTD, 4'floor, t lT Park, Kumar City, Katyani Nagar, Pune-411014 8. One CC to SRl. M. KESHAV YADAV Advocate [OF I 9. One CC to SRI. ANGOTHU NEHRU, SC FOR CEN- 10.One CC to M/S. SWATHI MENON P., Advocate [O: 11.Two CD Copies 2 Building, Cerebrum RAL GOVI [OPUC] JC] HIGH COURT NBK,J DATED:1210912025 ORDER W.P.No.25773 of 2025 { JC S,,l\ ( c, ; g IAN 2[26 l1 r..- .', .L :.> lY DISPOSING OF THE WRIT PETITION WITHOUT COSTS l G$\'