The High Court · 2025

Judgment

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9. 10 Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 1 10001 HDFC BANK Ltd, Rep by its Chief Manager PN 26, 33/Aand34lB, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049. lClCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibow{i, Hyderabad, Telangana 500032 SBI Cards and Payments Services Limited (SBl Card)., Rep. by its Chief Manager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002. YES BANK, Rep by its Chief Manager Ground Floor, Shop No.1 1 , 77, NH 65, Gouthami Nagar Colony, Jawallar Colony, Chanda Nagar, Hyderabad, Telangana 500050

IDFC FIRST BANK, Rep by its Chief Manager Ground Floor, Plot No 6-7, Survey No 68, Door No 1-1211K216-7, Nearby Athidhi Restuarar Miyapur, Serilingampalle (M), Telangana 50O049 AXIS BANK, Rep by its Chief Manager Ground Floor, Sriven Mall, Miyapur Rd, J P Nagar, CG Employees Colony, Mayuri Nagar,.Miyapur, Hyderabad, Telangana 500049 RBL Bank, Rep. by its Chief Manager Shop no 5-4i10 and 5-4i11 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050 Karur Vlaya Bank Ltd, Rep by its Chief Manager F9V5plus PGC, PLOT NOS.46 TO 49, Madhava Nagar Colony Kandi Complex, Near Sai Ranga Theatre, Miyapur, Hyderabad - 500049 I ll.|NDUS|ND Bank Limited, RepbvitsChief Manager 1-248, Jpper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 50005:l 12.AD|TYA BIRLA CAPITAL, Rep. by its Chief Manager, Ono /Vorld Center, - fower t, t ettr f toor, Jupiter tviills Compound, 841 , Senap;r Bapat Marg, Elphinstone Road,Mumbai- 400091 .

13. Hindon Mercantile Limited, Rep bv its Chief Manager 201 ', 02' 2nd Floor, - eesi Sry rowei, Plot no F5, Nbtaii Subhash Place, Pitam'r rra, New Delhi, Delhi, 110034 Petition under Article 226 of the Constitution of lndia circumstances stated in the affidavit filed therewith, the Il pleased to issue an appropriate Writ, Order, or Direction, mo't nature of Writ of Mandamus, declaring the action of responc t attempting to recover amounts from the petitioner in an arl high-handed manner without following the due process of 1 violation of the Reserve Bank of lndia Circular dated 12'0 3 RBt t2022-231 1 08, DOR. ORG. REC.65/21 .04. 1 581 2022-23, a t the inaction of respondent No. 2 in enforcing the said Circula' and violative of Articles 14, 19, and 21 of the Constitttl consequently direct the respondent authorities to refrain frot coercive or unlaMul recovery measures against the petitirl comply with the due process of law and the aforesaid Cirr t proceedings, and fu(her restrain respondent Nos. 3 to 13, the agents, executives, managers, or any person acting on engaging in any acts of intimidation, harassment, humiliation c privacy of the petitioner or his family members, referees ol persistent or anonymous calls, threatening messages' or p'l petitioner's premises, and further direct respondent No. 2 to et Circular in letter and spirit and to initiate appropriate and stritt the errant officials of respondent Nos. 3 to 13 for violating pending disposal of the writ petition, direct the respondent I resort to any coercive measures against the petitioner exc means and in strict adherence to the Circular dated 12.O8.2Oi1 Counsel for the Petitioner: Ms. THAKUR MANASWINI SlNGll ...RESPONDENTS rraying that in the 3h Court may be particularly in the nt Nos. 3 to 13 in itrary, illegal, and rw and in blatant 2022 bearing No. I further declaring ls u nco ns titution al on of lndia, and l undertaking any rer and to strictly lar in all recovery r agents, recovery their behalf from '. intrusion into the friends, including rsical visits to the force the said RBI lent action against legal norms, and os. 3 to 13 not to :pt through lawful I, Counsel for the Respondent No.'t: SRI N. BHUJANGA RAO, DY. SOLICITOR GENERI\ . OF INDIA Counsel for the Respondent No.7: SRI HARI BATHINA Counsel for the Respondent No.l0: SRI SUDHARSHAN NAF:I IHARI Counsel for the Respondent No.'|2: SRI V. SANTOSH Counsel for the Respondent No.2 to 6,8,9,11 & 13: - "' The Court made the following: ORDER /t I THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAT{A WRIT PETITION No-26419 of 2O25 ORDER: Heard Ms.Thakur Manaswini Singh, learned counsel for petitioner and Sri N.Bhujanga Rao, learned Deputy Solicitor General of India for respondent No.l. 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.520O 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: , t "8. For t] e aforesaid reasons and as the procedure adopted by the respondent- Nos'4 to.7 for i."ou.ry of l,oan amount from the petitioner, to violation of the rights guaranteed under ^-orr.r[" Articles 14 and 21 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 India and also the judgments 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 writ petition is disPosed of.' 2

3. Learned Standing Counsel does not disputr: the submissions of learned counsel for the petitioner. 4 In ter-ms of the order passed by this Court i: W.p.No.520O of 2024, dated 25.04.2024, and for the reasons alike, this writ petition 1S disposed of directing the responden authorities to scrupulously the guidelines/instruction r in the RBI 72.08.2022, and atso the judgnL, ,nts of Hon,ble Supreme Court in ICICI Bank Ltd Vs. prakash Ka ur aad othersr and ICICI Bank Vs. Shanti Devi Sharma and othr rs2. Circular dated follow Pending miscellaleous applications, if ar y, sha1l stand Sd/-A.H I .GOWRI SHANT(AR STANT REGISTRAR 1 (T' \ SECTION OFFICER //TRUE COPY// closed To, House. Sv No 68, AllwYn 1lls3f; iJi33;#il;'#""15J1ft 3:h'Jleil?'Jif,lSilt?[!]i[is"n'"ar'r"g' . ifrvs,fF yll!!31 i'gr"JAi[b:t',1,ff,r ffie:gi {B %[[-g:ii :l[le*fr *n'+t$J€*dtrtrffi J':ff*[*iiql";#,i*il, 'ix,,f :nlmli:ffi .,"*xtr:6%',is,:3f, :"?:"ft ililtiJ#i,8: Guruoiam, HFi - 122002. ^ Telanqana 500050 ORDER WP.No.26419 of 2025 /'' i\ 4 I t, ?ft25 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ++..- fl Kfr*r-