The High Court · 2025

Judgment

8. The Union of lndia, Rep. by its Secretary, Ministry of Finance, New Delhi The Reserve Bank of lndia, Rep. by its Chief General fi/lanager, 6, Sansad Marg, New Delhi -110001. lClCl Bank, Rep. by its Chief [Manager, lClCl Bank Towers, Financial Dist. Plot. No. 12, Nanakramguda, Gachibowli Hyderabad, Telangana 500032. AIIS qA!,J(, Rep by its General Manager, NPC1, Sth Floor, Gigaplex, Plot no 1.T.5, MIDC, Airoli Knowledge Park, Airoli, Navi Mumbai - 400708. 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 American express service lndia limited, Rep by its Chief fr/anager, Suite No. 2, vatika business center nsl icon 3rd floor, Road No. 't2, Banjara Hills, Hyderabad, Telangana 500028.

IDFC FIRST BANK, Rep. by its Chief Manager, IDFC FIRST Bank Ltd, The Square, C-61, G Block, Bandra- Kurla Complex C-61, G Block, Bandra- Kurla Complex, Bandra (East), [Vlumbai - 400051 Akara Capital Advisors pvt ltd, Rep. by its Chief Manager, 60, SeCond Floor, AfiUn ftagat.Kqtlq_Iylubarakpur, New Delhi, Delhi 1 1 0003.

9. PayU Finance lndia Private Limited, Rep. by Fourth Floor, Crossing of Sahar Road, Vile P 400057. its Chief ade East l\rlanager, , fVlumbai Shiv Building, Maharashtra - l0.PiramalFinance Limited, Rep. by its Chief Manager, 4th Floor, Piramal Tower, Peninsula Corporate Park, Ganpatrao Kadam fVlarg, Lower Parel, Mumbai- 400013. .SBC BANK, Rep. by its Chief Manager, Plot No 52160, Mahatma Gandhi Road, Fort, Mumbai - 400001, lndia.

12.Clti Bank, Rep. by its Chief Manager, First lnternational Financial Centre, Plot Nos C-54 and C-55, G-Block, Sandra Kurla Complex, Sandra East, [Vlumbai 400098. ...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 12 (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 12 to follow Circular d ated 1 2.O8.2022 vide RBI I 2022-23 I 1 08, DO R. ORG. REC.6 S/2 1 .O 4.1 58 t 2O2Z-23 issued by respondent no.2. counsel for the Petitioner: sRt BONTHU LOKESH REDDY REp. FoR SRI M. KESHAV YADAV Counsel for the Respondent No.1: SRI N. BHUJANGA RAO, DY. SOLIGITOR GENERAL OF INDIA counsel for the Respondent No.3 & 10: sRl SUDHARSHAN NARAHARI Counsel for the Respondent No.7: SRt B. SRIHARI The Court made the following: ORDER THEHON'BLESRIJUSTICENAGESHBHEEnIAPAI(A N 7 ORDER: Sri Bonthu Lokesh Reddy, learned counsel rbpresenting learned counsel for the petitioner, sri N.Bhujanga Rao, learned Deputy solicitor General of India for respondent No.l, Sri Sudharshan Narahari' learned counsel for respondent Nos.3 and 10 and sri B'srihari' learned counsel for respondent No-7.

2.Whenthematteristakenupforhearing,learnedcounselfor petitioner submitted that the issue raised in this writ Petition is squarely covered by the order passed by this Court in W.P.No.S2oo of. 2024, dated 2s.o4.2o24andtherbfore,thesameordermaybepassedinthiswrit petition as well. The operative portion of the said order reads as under: *8. For the aforesaid reasons and as the proccdure Nos'4 to 7 for recovery of loan adopted by the '""p*a"tt amountfromthepetitioner,amountstoviolationoftherights g..*,*t""d undei A;;;" 14 and 2| of the Constitution of lnd.ia, this Court deems it appropriate to direct the respondents, to ensure that the agents engaged by them for recoveryofthefoa,'amounts'shallstrictlyfollowthe guidelines and instruttions issued by the Resen'e Bank of India and also tt,. i.,Jg*ents of the Hon,Icle Supreme Court in ICICI Bank ma vi]irakash I(aur's case (1 supra) and ICrcI Bank Vs' Shanti Devi Sharma's case (2 supra)" g. with tlre auove said direction, the writ petition is disPosed of'" '

4. Learned counsel for respondent Nos. |,3,7 and 1o have no objection. Accordingly, in terms of the order passed by this Court ln i i 2 V/'P'No'5200 of 2024, dated 25.04.2024, and for the reasons alike, this rvrit petition is disposcd of directing the respondent authorities and their- agents to scrupulcusly follow the guidelines/instructions issued by the Reserve Bank of India in its circular datcd 12.08.2022 and also the judgments of Hon'ble Supreme court in ICICr Bank Ltd. v. prakash Kaur,ls casc and Iclcr Bank v. shanti Devi sharmar2s case, while recovering the loan amounts from the petitioner. Ilending miscellaneous apprications, if any, shalt s/na crosed. SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR ! //TRUE COPY// SECTION OFFICER To, New Delhi -110001. 1 rfe Qecrgt!1ry, tulinistry of Finance, The Union of lndia, New Delhi 2. The chief General.Manager, The Reserve Bank of lndia, o, Sansio tVlarg, 3. The Chief Manager, lClcl Bank, lClCl Bank Towers, Financial Dist. plot. No. . !?, Nanakramguda, Gachibowli Hyderabad, Telangana 500032. 4. The Generat lr/anagqr, 4ltq BANI(, Npc1,-Sth Fto-or, Gigapiex-, ptot no t.T.5, lUlDC, Airoli Knowtedge park, Airoli, Navi Mumbai - +bOZ"Od. 5. The General Mana_ger, sBl cards and payments Services Limited (sBl Qard)., Unit Noslc 3D and 3E, 3rd floor, hueens plaza, sp noao'-- Secunderabad, Telangana - 500003 6. The chief Manager, American e_xpress service lndia limited, suite No. 2, vatika business center nsl icon 3rd floor, Road No. 1 2, Banj'ara Hills, Hyderabad, Telangana 500028.

7. The chief Manager, IDFC F|RST BANK, IDFC FIRST Bank Ltd, The Square, q-61,G Block, Bandra- Kurra comptex c-61, G Btock, ainoErkuiL- Complex, Bandra (East), Mumbai -'400051 \ ORDER WP.No.27133 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS s ooC>W