Ambala Kiran Kumar v. 1. The Union of lndia

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 a Writ, Order. or Direction, particularly one in the nature of a Writ of Mandamus. l)The actions of respondents Nos. 4 to 16 are hereby declared as high-handed, arbitrary, and unlawful, as they endeavor to recover amounts from the petitioner without adhering to the Circular dated 12.08.2022, referenced as RBll2022-231 1 OB, DOR. ORG. REC.65/2 1 . 04. 1 58t2022-23, issued by respondent No.2. Furthermore, the inaction of respondent No.2 in failing to legitimately safeguard the interests of the petitioner by duly enforcing fhe aforementioned Circular is deemed illegal, arbitrary, and unconstitutional, constituting a violation of Articles 14,19, and 21 of the Constitution of lndia. ll). lnstruct respondents numbered 4 to 16 to adhere to the Circular dated August 12,2022, referenced as RBll2022-231 1 08, DOR ORG.REC.65/21.04.1 5812022-23, issued by respondent number 2. lll).Direct the respondent no.2 to duly enforce the Circular dated 12.08.2022 vide RBI/2022-231108, DOR.ORG. REC.65/ 21 04.158t2022-2 to protect the interests of the petitioner against the respondent nos.4 to 16, lV). direct the respondent no.2 to undertake rigorous measures against the errant officials of respondent nos.4 to 16 for unlawfully, illegally, and arbitrarily attempting to recover sums from the petitioner without adhering to any due process of law, and to issue such further directives or orders as this Honourable Court may consider appropriate and just in light of the circumstances of the case, in the interest of justice, equity, and good conscience. l.A.NO:1 OF 2025 Petition 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 respondents nos. 4 to 16 to abstain from executing any coercive measures against the petitioner without adhering to the due process of law and mandatoriry complying with the circular dated 12.09.2022, referenced as RBll2o22-23110g, DOR.ORG.REC .65121.04.158t2022-2. issued by respondent no. 2, pending the adjudication of the writ petition. Furthermore, it is respectfully requested that this Honourable court may issue such other directives as it may find appropriate and just in the prevailing circumstances, in the interest of justice, equity, and sound conscience. Counsel for the Petitioner : SRI PONAMPELLI RAV| couns_el for the Respondent No.i : M/s B.KAVTTHA yADAv (CENTRAL Govr couNsEL) Counsel for the Respondent No.2 : - Counsel for the Respondent No.3 : G.p FOR HOME !, Counsel for the Respondent No.4 : Ms. K.RAMyA Counsel for the Respondent No.7 : SRI V.SANTOSH Counsel for the Respondent No.l0 : SRI SUDHARSHAN NARAHARI Counsel forthe Respondent Nos.S & G, g, g, 11 to i6 : _ r " The court made the following oRDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPA,.A N ORDER: l i Heard Mr.ponampelli Ravi, learned counsel for the petitioner, Sri B'Kavitha Yadav' learned Standing counser for centrar Government for respondent No' 1, learned Government pleader for Home for respondent No'3, Ms.K-Ramya, rearned counser for respondent No.4, sri V.Santosh, learned counsel for respondent No.7 and sri Sudharshan Narahari, learned counsel for respondent No.l0. perused the record. 2' Despite service .f notice, none appeared for remaining respondents. 3' when the matter is taken up for hearing, rearned counser for petitioner submitted that the issue raised in this writ petition is squarery covered by the order passed by this court in w.p.No.5200 0f 2024,dated ( 25'04'2024 and therefore, the same order may be passed ; this petition as we'' The operative portion of the said order reads as under: .9. For the aforesaid reasons and as the procedure adopted by rhe respondent N;;,tto]*ro. recovery of roan fr *H:.::iff.5:!:i:.J,,T;ff *i:r:l*?L*jfr1;:x India, this iou.t d; responden,:, . ;;".,i.'',ff, ,il. :!ff:S:il:_j: #[:,,, H: recovery of the loan -amounts, shall strictly follow the guidelines ancl instruct. rndia ;;;;":.,;:":::._.-r_:ns rssued by the Reslrve Bank of dB*; _ rcr& i.,, t ::3!ili.*,*:#,J *L;[t*i:ffi ICICI Bank Vs. Shanti Devi_ Sf,.r_If J"". t, supra). the above said di';;;i;;,"?i. .'it petition is 1"o.".T':1,' "urrr' \ 2

4. Lea.::neC Standing counsel for respondents have no objection to the

5. Accordingly, in terrns of the order passed by this Court in W.P.No.52O0 of 2024, dated 25.04.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated I2.O8.2O22 and. also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall stand closed 1(20071 2(2008) 7 SCC 532 \ To ,/TRUE COPY" SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR 6? SECTION OFFICER

1. The Secretary, Union of lndia, Ministry of Finance, New Delhi. 2. The Chief Geheral Manager, Reserve Bank of lndia, 6 Sansad Marg, New Delhi-110001. District, Telangana.

3. The Station House Officer, Police Station - Hanumakonda, Hanumakonda n

4. The Chief fvfaiagei, Poonawalla Fincorp, Address. H f{o.7, Roxana Towers, Office No.G-1 to-G-4 Ground Floor, Block B,1-2411/RT, Greenlands, Begumpet, Hyderabad, Telangana -50001 6.

5. ffre Cnief Manager, Kredit Bee, Address. 6-3-1 100/5, e S l{qqt?. - Kundanbagh Colony, Somajiguda, Hyderabad, Telang-ana -500082. City Rd, Patrika Nagar, HITEC City, Hyderabad, Telangana -500081.

6. The Chief futanager, Prefr, Address. 2nd Floor, Block 2, My H_o[q H.ub, Hitech 7 . fn6 Cniet Managerl Paytm, Rep.by Aditya Birla Capital Limited, Address.One World Centre, T5wer 1,-18th Fldor, Jupiter Mill Compound,. 841, Senapati Bapat Marg, Elphinstone Road, Mumbai - 400 013. Towers, 7th Fl;"; nrri No f , l-iarriirgton B9q{,.ghetpet,Chennai - 6199.?1 / /

8. The Chief Manager, CRED, Rep. by IDFC-Bank Limited, Address.'K.R'M' g. The Chief Manager, One card, Address. . E-174,Kamla Nagar, New uelnr' 10.The Chief Manager, Yes Bank Limited, Address.YEs BANK House, Off - 11.The Cniet tvianiget,"Axis ijank Limited, Trishul, 3rd Floor,.Opposite . lndia- 110007. Western expres!lignwa,, Santacruz East, Mumbai, Mahar;ashtra - 400055' Samarthest'*uiiurpt", t t"rr Law Garden, Ellisbridge, Ahmedabad, Gujarat - 380006. 12.The Chief Manager, HDFC Bank Limited, HDFC Bank House, Senapati Bapat f g.ihetnief Manager, ngt'gank Limited, 1st Lane, Shahupuri, Kolhapur- 14.The Chief [t/lanager, TATA Card, C/o. SBI Cards and Paygert S.ervices

416001. pvt.l-t0., DLF fntinity to*"rt, Tower C, 12th Floor, Block2, Building 3, DLF Cyber City, Gurgaon - 122002-(Haryana) lndia' Marg, Lower Paret (West).Mumbai - 400013' .

15. The Chief tVtana"ger, lndusind B'ank Limited, Address.24g1 , General - fnrmmayya Roai, Cantonment, Pune, Maharashtra411001. 16. The Chief ffif anager, Sgl-Card, Address. 401 and 402, 4th Floor, Agganrual Millennium towir E-1,2,3, Netaji Subhash Place, New Delhi -110034. t7.One CC to SRI PONAIvIPELLI RAVI, Advocate totuql 18. One CC to tr,ts. B.KAVITHA YADAV (CENTRALGOW COUNSEL) Advocate 19.bne CC to Ms. K RAIvIYA, Advocate (OPUC) ^-..^.p 20.one cc to sRl SUDHARSHAN NARAHARI, Advocate (OPUU)' il.One CC to SRI V.SANTOSH, Advocate (OPUC) 22.Two CD CoPies IoPUCI SA o E v { J ( ,.,.-..,.,i J ?i:li r.'l r$6 -k ..1...r: ....... ',/ _::; " ' ? HIGH COURT DATED:1111112025 \ \ ORDER WP.No.26492 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 6\ dl,D