Syed Khader v. Sansad Marg, New Delhi - 1.1000i

1. Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi 2. Reserve Bank of rndia (RBr), Represent oy its brrief Geneiar Naanager, o, 3 lBL Bank, Rep. by its chief N/anager Shop no 5-4lr 0 86 s=4t11 Ground froor, 4. SBI Cards and payments Services Limited (SBl Card)., Rep. by its Chief Manager, State Bank of rndia credit cards Unit Nos 3c 3D and 3E 3rd Froor Queens Plaza 18382 eueens praza sp Road secunderabadt Telangana500003 5. AXIS BANK, Rep by its Chief Manager Ground Floor, Sriven Mall, Miyapur Rd, J P Nagar, CG Employees Colony, lr4ayuri Nagar, Miyapur, ffyOeraOaJ, Telangana 500049 6 The south lndian Bank Ltd, Rep by its chief Manager, Fgpe prus 5e7, plor NO.541 and 542, UN|T NO.G2 and c3, NEAR nnltv clncl'e, orx irn#, KPHB COLONY, KUKATPALLY p.O., RANGA REDD|, K pH B pnase 6, Kukatpally, Hyderabad, Telangana SOO0B5 7. North East smarr Finance Bank Limited, Rep by its chief Manager, 1st and 3rd Floor, Fortune Central, Basisthapur, Bye lane 3, Beltolal duwahati, Assam 781028 8. HDFC Bank Limited, Rep. by its Chief Manager, Sy No 68, Delta House, pN 26, 33/A and 3418, Gr Flr, Allwyn X Road, Miyapur, Hyderabad, Telangana 500049 9. IDFC FIRST BANK Limited, Rep by its chief Manager Ground Froor, prot No 6-7, Survey No 68, Door No 1-12111{z16_2, Neirby Athidhi Restuarant, Miyapur, Serilingampalle (M), Telangana SOOO49 10.YES BANK, Rep by its Chief Manager Ground Floor, Shop No.11, 77, NH 65, - GouthamSi Nagar Colony, Jawahar Colony, Chanda ruagar, fyderabad, Telangana 500050 a 7

11. Piramal Finance Limited,, Rep- by its Chief Manage ., 601, 6th Floor, Amiti Building, Agastya Corporate park, Kamani Junction )pp_ Fire Station, LBS Marg, Kurla(W), Mumbai - 400070.

12.Whizdm Finance Private Limited, Rep- by its Chief l',4 rnager, Survey No. 17l '1A, The Address Buirding, outer Ring Road, Kadu t eesinahaili, Eieilandur, Bengaluru, Karnataka 560087

13.TATA CAPITAL Limited, Rep. by its Chief Manage,r 110, Floor, Tower A Peninsula Business park, Ganpatrao Kadam Maig Lower parei, Mumbai, lt,laharastra - 40001 3. 14.KRAZYBEE Services pvt. Ltd,, Rep. by its chief f\rlarager, The Royar stone Park, No. 100, Sakshi Nagar, pai Layout, Bennir ana Halli, Blngaluru. Karnataka - 5600'16. 1s.ADlrYA BIRLA cAprrAL, Rep. by its chief Manag:r, one worrd center, Tower 1, 18th Floor, Jupiter Mills Compound, 841 Senapati Bapat Marg, Elphinstone Road, Mumbai- 400091 . ...RESPONDENTS Petition under Article 226 of the constitution of lr r ia 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, r ore particularly in the nature of writ of Mandamus, declaring the action of respc ldent Nos. 3 to .15 in attempting to recover amounts from the petitioner in a^ arbitrary, illegal, and high-handed manner without following the due process rf law and in blatant violation of the Reserve Bank of India circular dated .l z o1.2o22 bearing No. RBll2o22-23l10B,DoR.oRG.REC.65/2'l .o4.1s1l2oz2-23, z nd further dectaring the inaction of respondent No. 2 in enforcing the said circu ar as u nconstitutionai and violative of Articles 14, 19, and 21 of the cons;l tution of lndia, and consequently direct the respondent authorities. to refrain rom undertaking any coercive or unlawful recovery measures against the pet.ioner and to strictly comply with the due process of raw and the aforesaid o 'curar in arr recovery proceedings, and further restrain respondent Nos. 3 to 15. leir agents, recovery . agents, executives, managers, or any person acting ( n their beharf from engaging in any acts of intimidation, harassment, humiliatior , or intrusion into the privacy of the petitioner or his family members, refereer; or friends, including persistent or anonymous ca s, threatening messages, or rhysicar visits to the petitioner's premises, and further direct respondent No. 2 t: enforce the said RBI circular in letter and spirit and to initiate appropriate and st ingent action against the errant officials of respondent Nos. 3 to 1 5 for viola.i rg legal norms, and pending disposal of the writ petition, direct the responden Nos. 3 to 15 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular daled 12.08.2022 Counsel for the Petitioner: SRl. BONTHU LOKESH PHANINDRA REDDy Counsel for the Respondent No.1: SC FOR CENTRAL GOVT Counsel for the Respondent Nos. 2tolS: - The Court made the following: ORDER a HONOURABLE SRI JUSTICE NAGESH BHI}, DMAPAI(A WRIT PETITION No. 26337 of 20ta; ORDER: This Writ Petition is hled under Arti, rle 226 of the Constitution of India, seeking the following relic l: ".....to issue an appropriate Writ Order or Directk particularly in the nature of Writ of Mandamus C the action of respondent Nos. 3 to 15 in atten. recover amounts from the petitioner in an arbirri i and highhalded manner without following the dut: of law and in blatant violation of the Reserve Banl: Circular dated 12.08.2O22 beaing No.RBI/2O2:] DOR.oRG.REc.65l2t.o4.158l2022-23 and declaring the inaction of respondent No.2 in enfo -r said Circular as unconstitutional and violative of Ar1 19 and 21 of the Constitution of India and consr direct the respondent authorities to refrarr undertaking any coercive or unlawful recovery 11 against the petitioner and to strictly comply with process of law and the aforesaid Circular in all r proceedings and further restrain respondent Nos I their agents recovery agents executives manageni person acting on their behalf from engaging in an,, intimidation harassment humiliation or intrusion i privacy of the petitioner or his famity members re.t friends including persistent or anonymous calls thre messages or physical visits to the petitioners premir further direct respondent No.2 to enforce the se Circular in letter and spirit and to initiate approprii stringent action against the errant oflicials of resg Nos.3 to 15 for viotating legal norms and pending di,;1 the writ petition direct the respondent Nos.3 to I 5 resort to any coercive measures against the petitionr r through lawful means and in strict adherence Cireular dated 12.08.2022 and pass..." n more rclaring ting to 'illegal frocess )f India further ing the cles 14 luently rasures he due )covery to 15 or any acts of rto the -ees or rtening es and d RBI te and )ndent osal of not to except -o the I I

2. Heard Sri Bonthu Lokesh Phanindra, learr ed counsel for the petitioner. There is no representation o:.r behalf of the respondents. \ \ 2

3. Learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order dated 25.04.2024 in Writ petition No.5200 of 2024, passed by this Court and, therefore, the present writ petition may also be disposed of in terms of the said order 25.04.2024.

4. In view of the above submissions, this Writ petition is disposed of in terms of the order dated 25.04.2024 in Writ Petition No.520O of 2024, passed by this Court. There shalt be no order as to costs. As a sequel, miscellarreous petitions pending, if any, shall stand closed. SD/.A. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, '1- The Secretary, Union of India, Ministry of Finance, New Delhi ' In"#iJ,:??il1,r,"*"r, Reserve Bank o;i;i, (RBD,-, 6, Sansad Mars, 3 The Chief Manager, SBl. Cards and payments Services Limited (SBl Card).. State Bank of lndia Credit Cards Unit f.f". S" aD ,;a 3E 3rd Floor eueens Plaza 18382 eueens pt?ag. S_p noaO SecunOeraba*d TelanganasOOOo3

4. One CC to SRt. BONTHU LOKESn pfrnr.tfrrrOiniEDDy, !. 9nu CC to SC FoR CENTRAL Go\rI. iopubl'" 6. Two CD Copies " a\ a BM BS CAV Advocate [OPUC] I HIGH COURT DATED:1610912025 1 HE SI;i rR 21 JAN'ltlii * * S!rAT. r --z -\ \..i ORDER WP.No.26337 of 20Zs DISPOSING OF THE WRIT PETITTON WITHOUT COSTS \ u?- rz\r\26