Reserve Bank of InCia and also the judgments of vs Learned Standing Counsel does not dispute the submissions of
Case Details
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Monisha, S/o Gad ikoppula Monisha, F. D- 518, Sri Sairams Lake Hafeezpet, PO Miyapur, Sub Aged about 36years, Occ City, Phase- 1, Manjeera Dist Serilingampally, State ...PETITIONER AND
1. The Union of lndia, Rep. by its Secretary, Ministry of Finance, New Delhi 2. The Reserve Bank of lndia, Rep. by its Chief General Manager, 6, Sansad Marg, New Delhi - 110001
3. HDFC BANK Ltd, Rep by its Chief Manager PN 26, 33/A and 34/8, Gr Fir, Delta House, sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049 4. SBI Cards and Payments Services Ltd, Rep by its Chief Manager, DLF lnfinity Towers, Tower C, 10th- 12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon - 122002 (Haryana).
5. Krazybee Services Private Limited, Rep by its Chief Manager 3rd Floor, No. ' 12819, Maruthi Sapphire HAL Old Airport Road, Murugesh Palya; Bangalore - 56001
6. RBL BANK, Unit No. 306- 311, Rep by its Chief Manager, 3rd Floor, JMD Megapolis, Sector - 48,Sohna Road, Gurugram - 122018, Haryana.
7. Bajaj Finance Limited, Represented by its Chief Manager, 6th Floor, Bajaj " Finsery Corporate Office, Pune, Maharastra - 5411'014 8. Axis Finance Limited, Rep by its Chief Manager 73lA, Park View Enclave, Jubilee Hills, Hyderabad, Telangana 500033. ...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 the nature of WRIT OF MANDAMUS declaring the action of the respondents in not controling the agents who harassing the petitioner and his family by the respondents Nos. 3 to 8 (bank authorities and financial institutions) is illegal, arbitrary, violation of the principles of natural justice and blatant violation and as well as Ru es framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to harass the petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos. 3 to 8 to follow Circular dated 12. 08. 2022 vide RBll2O22- 231108, DOR. ORG. REC. 65121. 04. 15812022- 123 issued by respondent no. 2 and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case in the interest of justice, equity and good conscience. lA NO: 1 Ol= 2025 Petit on under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court 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 due process of law and following Circular dated 12. 08. 2022 vide RBll2O22- 231 108, DOR. ORG. REC. 65121. 04. 158t2022- 2 issued by RBl, pending disposal of the writ petition and pass such ,rther order or orders as this Honble Court may deem fit and proper in the circumstances of the case in the interest of justice, equity and good conscience. Counsel for the Petitioner: SMT THA]ruR MANASWINI SINGH REPRESENTING SRI M KESHAV YADAV Counsel for the Respondent No 1: SRI ANGOTHU NEHRU SC FOR CENTRAL GOVERNMENT Counselfor the Respondents No 2 To 8: --- The Court made the following: ORDER THE IION'BLT SRI JUSTICE NAGTS;H BHEEMAPAKA UIRIT PTTITION No.26O66 of 2o.25l ORDER: Heard Smt Thakur Manaswini Singh, learned counsel representing Sri M.Keshav Yadav, learned counsel for petitioner, 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 25.04.2024 and therefore, the same order may be 1 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 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 InCia and also the judgments of the Honble Suprerne 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 petition is disposed of." said direction, the writ "6orr" 1 2
3. Learned Standing Counsel does not dispute the submissions of learned counsel for the petitioner.
4. [n tenns 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 disposed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI circular dated L2.o8.2o22, and also the judgments of Hon'ble Supreme court in rclcl Bank Ltd Vs. Prakash Kaur and othersr and rcrcr Bank vs. Shanti Devi. Sharma and others2. Pen<[ing miscellaneous applications, if any, shall stand closed. To, SD/. K.BHAVANI SWAMY ANT REGISTRAR ,/TRUE COPY/' SECTION OFFICER l.TheSiecretary,MinistryofFinance'Unionoflndia'NewDelhi 2. The ()hief General Manager, Reserve Bank of lndia, 6, Sansad Marg, New Delhi - 110001
3.The()hiefManager,HDFCBAtlfLtd'PN26'1114and34/B'GrFir'Delta House, sy No oallirriiri drlll iibi-o t,tiv+ui, Hyderabad - 50004e 4. The r]hief Manager, SBI Cards and Payments Seruices Ltd, DLF lnfinity Towers, Tower d]i'oin"-'rlii'tsr;;; nlo'Ck 2' Buildins 3' DLF cvber citv' cureioh - 122002 (Haryana)' Maruthi sappnirB-Hti'aia /iirp;;d ilffi; dfi"rh i"lva, Bansalore - 56001 '
5.The3hiefManager'KrazybeeServicesPrivateLigrqe{.3rdFloor,No.128/9'
6. The Chief Manager, RBL BANK, Unit No' 306- 311.!1{ Floor' JMD v' r +al{ohhJ cbio, Gurusram - 12201 8' Haryana. -st"i[i Nigi ;p;t i" ; t (2007) 2 saa7J-1 , (200s) z scc s-aZ
7. The Chief Manager, Bajaj Finance Limited, 6th Floor, Bajaj Finsery Corporate Office, Pune, Maharastra - 5411014
8. The Chief Manager , Axis Finance Limited, 731A, Park View Enclave, Jubilee Hills, Hyderabad, Telangana 500033. I
9. One CC to SRI M KESHAV YADAV Advocate IOPUC]
10. One CC to SRIANGOTHU NEHRU SC FOR CENTRAL GOVERNMENT [OPUC]
11.Two CD Copies D.N BM Yr |. HIGH C]OURT DATED i1210912025 ( t , ," \ \ r, t THE S Y 1 6 'rg 2rl2F * ORDEFI WP.No.26066 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS p .P('
5.*
Monisha, S/o Gad ikoppula Monisha, F. D- 518, Sri Sairams Lake Hafeezpet, PO Miyapur, Sub Aged about 36years, Occ City, Phase- 1, Manjeera Dist Serilingampally, State ...PETITIONER AND
1. The Union of lndia, Rep. by its Secretary, Ministry of Finance, New Delhi 2. The Reserve Bank of lndia, Rep. by its Chief General Manager, 6, Sansad Marg, New Delhi - 110001
3. HDFC BANK Ltd, Rep by its Chief Manager PN 26, 33/A and 34/8, Gr Fir, Delta House, sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049 4. SBI Cards and Payments Services Ltd, Rep by its Chief Manager, DLF lnfinity Towers, Tower C, 10th- 12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon - 122002 (Haryana).
5. Krazybee Services Private Limited, Rep by its Chief Manager 3rd Floor, No. ' 12819, Maruthi Sapphire HAL Old Airport Road, Murugesh Palya; Bangalore - 56001
6. RBL BANK, Unit No. 306- 311, Rep by its Chief Manager, 3rd Floor, JMD Megapolis, Sector - 48,Sohna Road, Gurugram - 122018, Haryana.
7. Bajaj Finance Limited, Represented by its Chief Manager, 6th Floor, Bajaj " Finsery Corporate Office, Pune, Maharastra - 5411'014 8. Axis Finance Limited, Rep by its Chief Manager 73lA, Park View Enclave, Jubilee Hills, Hyderabad, Telangana 500033. ...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 the nature of WRIT OF MANDAMUS declaring the action of the respondents in not controling the agents who harassing the petitioner and his family by the respondents Nos. 3 to 8 (bank authorities and financial institutions) is illegal, arbitrary, violation of the principles of natural justice and blatant violation and as well as Ru es framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to harass the petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos. 3 to 8 to follow Circular dated 12. 08. 2022 vide RBll2O22- 231108, DOR. ORG. REC. 65121. 04. 15812022- 123 issued by respondent no. 2 and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case in the interest of justice, equity and good conscience. lA NO: 1 Ol= 2025 Petit on under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court 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 due process of law and following Circular dated 12. 08. 2022 vide RBll2O22- 231 108, DOR. ORG. REC. 65121. 04. 158t2022- 2 issued by RBl, pending disposal of the writ petition and pass such ,rther order or orders as this Honble Court may deem fit and proper in the circumstances of the case in the interest of justice, equity and good conscience. Counsel for the Petitioner: SMT THA]ruR MANASWINI SINGH REPRESENTING SRI M KESHAV YADAV Counsel for the Respondent No 1: SRI ANGOTHU NEHRU SC FOR CENTRAL GOVERNMENT Counselfor the Respondents No 2 To 8: --- The Court made the following: ORDER THE IION'BLT SRI JUSTICE NAGTS;H BHEEMAPAKA UIRIT PTTITION No.26O66 of 2o.25l ORDER: Heard Smt Thakur Manaswini Singh, learned counsel representing Sri M.Keshav Yadav, learned counsel for petitioner, 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 25.04.2024 and therefore, the same order may be 1 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 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 InCia and also the judgments of the Honble Suprerne 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 petition is disposed of." said direction, the writ "6orr" 1 2
3. Learned Standing Counsel does not dispute the submissions of learned counsel for the petitioner.
4. [n tenns 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 disposed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI circular dated L2.o8.2o22, and also the judgments of Hon'ble Supreme court in rclcl Bank Ltd Vs. Prakash Kaur and othersr and rcrcr Bank vs. Shanti Devi. Sharma and others2. Pen<[ing miscellaneous applications, if any, shall stand closed. To, SD/. K.BHAVANI SWAMY ANT REGISTRAR ,/TRUE COPY/' SECTION OFFICER l.TheSiecretary,MinistryofFinance'Unionoflndia'NewDelhi 2. The ()hief General Manager, Reserve Bank of lndia, 6, Sansad Marg, New Delhi - 110001
3.The()hiefManager,HDFCBAtlfLtd'PN26'1114and34/B'GrFir'Delta House, sy No oallirriiri drlll iibi-o t,tiv+ui, Hyderabad - 50004e 4. The r]hief Manager, SBI Cards and Payments Seruices Ltd, DLF lnfinity Towers, Tower d]i'oin"-'rlii'tsr;;; nlo'Ck 2' Buildins 3' DLF cvber citv' cureioh - 122002 (Haryana)' Maruthi sappnirB-Hti'aia /iirp;;d ilffi; dfi"rh i"lva, Bansalore - 56001 '
5.The3hiefManager'KrazybeeServicesPrivateLigrqe{.3rdFloor,No.128/9'
6. The Chief Manager, RBL BANK, Unit No' 306- 311.!1{ Floor' JMD v' r +al{ohhJ cbio, Gurusram - 12201 8' Haryana. -st"i[i Nigi ;p;t i" ; t (2007) 2 saa7J-1 , (200s) z scc s-aZ
7. The Chief Manager, Bajaj Finance Limited, 6th Floor, Bajaj Finsery Corporate Office, Pune, Maharastra - 5411014
8. The Chief Manager , Axis Finance Limited, 731A, Park View Enclave, Jubilee Hills, Hyderabad, Telangana 500033. I
9. One CC to SRI M KESHAV YADAV Advocate IOPUC]
10. One CC to SRIANGOTHU NEHRU SC FOR CENTRAL GOVERNMENT [OPUC]
11.Two CD Copies D.N BM Yr |. HIGH C]OURT DATED i1210912025 ( t , ," \ \ r, t THE S Y 1 6 'rg 2rl2F * ORDEFI WP.No.26066 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS p .P('
5.*