The High Court · 2025
Case Details
4. HDFC BANK Limited, Rep by its Chief fvlanager PN 26, 33/Aand34/8, Gr Flr, .Delta House, Sy No 68, Ailwyn Cross Road Miyapur, Hyderabad - 500049 5. IDFC FIRST BANK, Rep by its Chief Manager Ground Floor, Plot No 6-7, Survey No 68, Door No 1-i21lKzl6-7, Nearby Athidhi Restuarant, Miyapur' Serilingampalle (M), Telangana 500049
6. SBI Cards and Payments Services Limited (SBl Card), Rep.-by its Chief Manager, DLF Cyb6r City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002 ...RESPONDENTS Petition under Article 226 oI 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 06 in attempting to 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/2022- 231108, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14,19, and21 of the Constitution of lndia, and consequently direct the respondent iluthorities to refrain from undertaking any coercive or unlawful recovery all recovery proceedings, and further restrain respondent Nos. 3 to 06, their agents, recovery agents, executives, measures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in managers, or any person acting on their behalf from engaging in any acts of intimidation, lrarassment, humiliation, or intrusion into the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threate ring messages, or physical visits to the petitioner's premises, and further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Ncs. 3 to 06 for violating legal norms, and pending disposal of the writ petition, direci the respondent Nos. 3 to 06 not to resort to any coercive measures against the pr>titioner except through lawful means and in strict adherence to the Circular datec 12.08.2022 Counsel for tl're Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY Counsel for tlre Respondent No.1: Deputy Solicitor General of lndia (not present) Counsel for tlre Respondent Nos. 2 to 5: ----- The Court made the following: ORDER HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No. 26264 of 2o.25 ORDER: This writ Petition is filed und.er Article 226 0f the constitution of India, seeking the following relief: I l { ".....to issue an appropriate writ, order, or direction' more particularly in thi nature of writ of Mandamus, declaring ihe action of respondent Nos.3 to 6 in attempting to recover amounts from the petitioner in an arbitrary, illegal' and high-handed mannei without following the due process of law ancl in blatant violation of the Reserve Bank of India Circular dated 12.Oa.2O22 bearing No'RBI/2022-231 lO8' DOR.ORG.REC.65l2l.O4.l58/2022-23 and further declaring the inaciion of respondent No'2 in enforcing the said circular as unconstitutional and violation of articles 14,19 and 21 of the Constitution of India, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against thJpetiiioner and to strictly comply with the order d"ueprocessoflawandtheaforesaidcircularinallrecovery proceedings and further restrain respondent Nos'3 to 6' iheir agents, recovery agents, executives, managers, or any person-acting on th;ir behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privacy of the petitioner and his family members, referees or iriends, including persistent or anonymous calls' threatening-""""ge",-orphysicalvisitstothepetitioner,s premises a:nd furthLr direct respondent No'2 to enforce the said RBI Circular in letter and spirit and to initiate appropriate and stringent action against the errant official of respondent Nos.3 to 6 for violating legal norms,-and -pending disposal fo the writ petition, direct the respondent Nos'3 to 6 not to resort to any coercive measure against the petitioner except through lawful means and in strict to the circular dated 12.08'2022 and pass such "dh"r"rr". other order or orders..." Heard sri Bonthu Lokesh Phanindra, learned counsel for 2. the petitioner. There is no representation on behalf of the 2 \-
3. Learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order dated 25.04.20'24 in writ Petition No.S2oo of 2024, passed by this court arLd, therefore, the present writ petition may a_lso be disposed of in terms of the said order 25.O4.2024.
4. In 'dew of the above submissions, this writ petition is disposed of in terms of the order dated 2s.o4.2o24 in writ Petition Nro.52o0 of 2024, passed by this court. There shall be no order zrs to costs. As e. sequel, miscellaneous petitions pending, if any, shatt stand closed. SD/. A.SREENIVASA REDDY SISTANT REGIS //TRUE COPY// SECTION OFFICER To,
1. Secretarry, Union of lndia, tMinistry of Finance, New Delhi 2. chief c;eneral Manager, Reserve Bank of lndia (RBl), 6, sansad Marg, New Delhi - 110001
3. thief. [\lanager, lclcl Bank, lclcl Bank Towers, Financial Dist, plot No 12 Nanakr,emguda, Gachibowli, Hyderabad, Telangana 500032
4. Chief [\lanager, HDFC BANK Limited, pN 26, 33/Aand34/8, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road [/iyapur, Hyderabad - S0b04g
5. chief l\4rn_rggl, IDFC FIRST BANK, Ground Floor, plot No 6-7, survey No 68, Door Nrl 1-121lKzl6-7, Nearby Athidhi Restuarant, tMiyapur, berilin-jampalle ([Vl), Telangana 500049
6. chief [&lrgjr, sBt cards and payments Services_ Limited (sBl card), DLF Qvber city,. Towel g,_ Btock 2, Buitding 3 DLF lnfinity fo*Ei, iiin'Froor, Gurugram, HR - 122OO2
7. one cc to SRl. BONTHU LOKESH PHAN|NDRA REDDy, Advocate [opUC] -lr"I
8. 9ll9C tg _Deputy Solicitor General of lndia HlcH COURT FOR THR STATE oF TELANGANA [OPUC]
9. Two CD Copies PVL TKS d- HIGH COURT DATED: 16/0912025 I $ ORDER ,'r,:ffi*Sr'^.. r'z;ir 1t\., .,: tt [[82026 WP.No.2!6264 of 2025 * DISPOSING OF THE WRIT PETITION WITHOU COSTS $ ill"\},'