ICICI Bank Ltd Vs. Prakash Kaur and othersl ar C ICICI Bank vs Pencling miscellaneous applications, if ar ,., shall stand
Case Details
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K. Sandhya Rani, Wo G Srikanth Chary, Aged about 40 years, Occ- Private Employee, 1-3491501411, flat No. 305 PRITAM Kadari Residency, Anand Rao Nagar Colony OLD Alwal, Secunderabad, DIST- Hyderabad, Telangana-500010 ...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 -1 10001 704, Aditya Trade Center, Ameerpet, Hyderabad - 500038.
3. SMFG lndia Credit Company Ltd, Rep by its Chief Manager, 7th Floor, 703 & 4. lClCl Bank, Rep. by its Chief Manager, ICICI Bank Towers, Financial Dist. Plot. No. 12, Nanakramguda, Gachibowli Hyderabad, Telangana 500032. 5. SBI Cards and Payments Services Limited (SBl Card)., Rep. by its General Manager, Unit Nos 3C 3D and 3E, 3rd Floor, Queens Plaza, SP Road Secunderabad, Telangana - 500003 6. Bajaj Finance Limited, Represented by its Chief Manager, 6th Floor, Bajaj Finsery Corporate Office, Pune, Maharastra - 5411014
7. AXIS BANK, Rep. by its General Manager, NPCI, sth Floor, Gigaplex, Plot no 1T.5, MIDC, Airoli Knowledge Park, Airoli, Navi lVlumbai - 400708. ...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 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 justice 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 petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos, 3 to 7 to follow Circular dated 12 08 2022 vide RBll2O22-231 108, DOR.ORG. REC 6t,r /1 .04 15812022-23 issued by respondent no.2. tA NO.1 2025 Petition under Section 151 CPC praying that in the c r :umstances stated in the affidavit filed in support of the petition, the High Cour. 'nay be pleased to direct the respondents not to take any coercive measures ag ainst the petitioner and not to harass him and his family without following due ,rocess of law and following Circular dated 12.08.2022 vide RBll2022-2: 1108, DOR.ORG. REC.65/21.04 .15812022-23 issued by RBl, pending disposal c'the writ petition Counsel for the Petitioner: SMT THAKUR MANASWINI SINC,l l, REP. BY SRI. M. KESHAV YADI V Counsel for the Respondent No.1: SRI ANGOTHU NEHRU SC FOR CENTRAL GOVT Counsel for the Respondent Nos.2 to 7: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.26O7a of 2025 ORDER: Heard Smt Thakur Manaswini Singh, learned counsel representing Sri M.Keshav Yadav, learned counsel for petitioner, Sri Angothu Nehru, Iearned 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 5200 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 T lor recovery of loan amount from the petitioncr, amounts to violation oF the rights guarantccd under Articles 14 and 2 i of the Constitution of India, this Court deems it appropriatc to direct the respondents, to ensurc that the agents cngagecl b1' them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by thc Reserve Bank of India and also the j udgments 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) g. With the above said direction, the r'r'rit petition is disPosed of. " 2
3. - Learned Standing Counsel does not dispute Le submissions of learned counsel for the petitioner.
4. [n tcrms of the order passed by this Court r-r W.P.No.520O of 2021 , dat<'d 25 O1.2024, and for the reasons alil<i, this rvrit petition is disposc'd of directing the respondent authoril i I ; to scrupulously' folloi.r' tl'rc gu idelines / instructions in the Rt I Circular dated
12.O8.2022, and also the judgments of Hon'ble ! upreme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersl ar C ICICI Bank Vs. Shanti Devi Sharma and others2. No costs. Pencling miscellaneous applications, if ar ,., shall stand closecl. SD/. B.REKHA RANI ASS rprANr REGTSTRAR I -.----. $ecrroru oFFrcER //TRUE COPY//
1. The Secretary, Ministry of Finance, Union of lndia, N ew Delhi 2. The Chief General Manager, Reserve Bank of lndizr 6, Sansad [t/arg, New Delhi -11000 1 704, Aditya Trade Center, Ameerpet, Hyderabad - r )0038.
3. The Chief Manager, SMFG lndia Credit Company t.1 J, 7th Floor, 703 & 4. The Chief Manager, lClCl Bank, lClCl Bank Tower; Financial Dist. Plot. No. 12, Nanakramguda, Gachibowli Hyderabad, Telrngana 500032. 5. The General Manager, SBI Cards and Payments fi, ,rvices Limited (SBI Card)., Unit Nos 3C 3D and 3E,3rd Floor, Queens t laza, SP Road Secunderabad, Telangana - 500003 Corporate Office, Pune, Maharastra - 5411014
6. The Chief Manager, Bajaj Finance Limited, 6th Flo,r , Bajaj Finsery 7. The General Manager, AXIS BANK, NPC1,sth FIoc', Gigaplex, Plot no 1.T.5, MIDC, Airoli Knowledge Park, Airoli, Navi Mur bai - 400708. B. One CC to SRI. M. KESHAV YADAV Advocate [OF UC] 9. One CC to SRI ANGOTHU NEHRU, SC FOR CE\ rRAL GOW. [OPUCI '10 Two CD Copies To, .CHR PSK Nr HIGH COURT DATED:1210912025 ORDER W.P.No.26078 of 2025 2i rtE SLl 15 \ o L) 2 I JAN 2026 v t.t -l ..\ ,: I.: '', : ,./ :.. -.. - ' ,'a;' 7' ::):_--.' ;-:.r' DISPOSING OF THE WRIT PETITION WITHOUT COSTS c (r \N \o'