surya. Prakash v. Union of lndia

8. IDFC FIRST BANK Limited, Rep by its Chief Manager Ground Floor, Plot No - o-2.-survev No 68, Door No 1-i21il<zl6-7, Nearby Athidhi Restuarant, Miy'apur, Serilingampalle (M), Telangana 500049

9. YES BANK, Rep by its Chief Manager Ground Floor,.Shop No'11,77,. NH 65, - e outnimi t iaga'r c'otony, Jawahar eolony, Chanda Nagar, Hyderabad, Telangana 500050 't0.Ghalla lind Bhansali Securities Pvt Ltd, Rep by its Chief Manager, Devansh, 133, Dala Saheb Phalke Marg, Mumbai, Maharashtra 400014 1'1 . Northern Arc Capital Limited, Rep by its Chief Manager, 10th, llTM RESEAI1CH PARK, Kanagam Rd, Kanagam, Tharamani, Chennai, Tamil Nadu 6C,01 13

12.Pay U Finance lndia Private Limited, Rep. by its Chief Manager, Empresa Building Office No .102 Second Road, KharWest, Mumbai, Maharashtra,400 o52. '13. BAJAJ F:INANCE llMITED, Rep. by its Chief Manager, 6th Floor, Bajaj Finsery Corpora:e Office, Pune-Ahmednagar Road, Viman Nagar, Pune, Maharastra - 411014.

14. HDFC BANK Limited, Rep by its Chief ManagerPN 26, 33/A and 34lB, Gr Flr, Delta Hc,use. Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049

15. NDX P2l) Private Limited, Rep by its Chief Manager 102, Lachiram Plaza, C Wing, G,\KV Marg, Goregaon (E), Mumbai, Maharashtra 400063

16. Muthoot Finance Limited, Rep by its Chief Manager, H. No. 15-21-4612, First Floor, Srinivas Complex MJ Colony Balaji Nagar, Piller number B13, Kukatpally, Hyderabad, Telangana 5O0O72

17. KRAZYE EE Services Private Ltd, Rep. by its Chief Manager, The Royal Stone P:rrk, No. 100, Sakshi Nagar, Pai Layout, Bennigana Halli, Bengaluru, Karnatak.a - 560016.

18..AU Small Finance Bank Limited, Rep. by its Chief Manager, 564, Hemanta Basu Sa-ani, Stephen House, BBD Bag, Kolkata - 700001

19.Mas finarrcial Services Ltd, Rep by its Chief Manager, 6, Ground Floor, Narayan Chambers B/H. Patang Hotel, Nehru Bridge, Corner, Ashram Rd, Ahmedabad, Gujarat 380009

20. RAL Bank Limited, Rep. by its Chief lManager Shop no 5-4110 and 5-4111 Ground foor, Chanda Nagar, Hyderabad, Telangana 500050

21. HERO FINCORP Ltd, Rep. by its Chief Manager, A-44, Mohan Cooperative lndustrial Estate, Mathura Road, New Delhi - 11OO44.

22.Early Salary Services Pvt Ltd, Rep. by its Chief Manager, UNIT NO. 404, THE CHAMBE:RS VIMAN NAGAR NA, PUNE, Pune, Maharastra

23..Utkarsh Small Finance Bank Ltd, Rep by its Chief Manager, Hotel Green Park, 7-1-58, Concourse House Ameerpet Opp. Lalbunglow, Road, Hyderabad, Telangana 50001 2

24.TAPSTAIIT CAPITAL PVT. LTD, Rep by its Chief Manager, Unit No G408, 4th Floor, Gamma Block, Varthur Hobli Sigma Soft Tech Park, No. 7, Whitefiekl Road, Bangalore - 560066, Karnataka ...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 issur> an appropriate Writ, Order, or Direction, more particularly in the .04.15812022-23, the Reserve Bank of nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to 24 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 lndia Circular dated violation of 12.OB.2022bearingNo.RBl/2022-231108,DOR.ORG.REC.65l21 and further declaring the inaction of respondent No.2 in enforcing the, said Circular as unconstitutional and violative of Articles 14, 19, and 21 of the Constitution of lndia, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the afore Mid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 24, their agents, recovery agents, executives, managers, Or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to the petitioners 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 Nos. 3 to 24 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 lo 24 not to resort to any coercive measures against the petitioner except through laMul means and in strict adherence to the Circular dated 12.08.2022. Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY Counset for the Respondents No 1,2 : SRI N BHUJANGA RAO SC FOR CENTRAL GOVERNMENT Counselfor the Respondent No 5 : SRI V SANTOSH Counsel for the Respondent No 9 : SRI N SUDHARSHAN Counsel for the Respondent No 22 : SRI M DEVENDER REDDY Counsel for the Respondent No 14 : SRI M P KASHYAP Counsel for the Respondents No 3,4,6 To 8,1 To 13 & 15 To 21To 24: -- The Court made the following: ORDER I I I i t, i I 'i l i I I ! i I ! I I I j ! I i i I t: i I ! i THE HON'BLE SRI JUSTICE NAGESI{ BHEEMAPAKA WRIT PETITION No.277 80 of 2025 ORDER: Sri B. Lokesh Phanindra, learned counsel for the petitioner; learned Standing Counsel for Central Government, for respondent No.1; Sri v. Santosh, leatned counsel for respondent No.S; Sri N. Sudharshan, learned counscl for rt:spondent No.9 and Sri M. Devender Reddy, learned counsel for respondent No.22.

2. When the matter is taken up for hearing, learned counsel for petitioner sultmitted that the issue raised in this Writ petition is squarely covered by the order passcd by this court in w.p.No.S2oo of 2024, dated 25-04.2024 eLnd therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: "8 - For the aforesaid reasons and as the proced.ure a<topted by the respondent Nos.4 to 7 for ...o'u"ry of loan arnount from the petitioner, amounts to violation of ihe rights gttaranteed under Articles 14 and 2l 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 guiidelines and instructions issued by the Reslrve Bank of India and also the judgments of the Hon,ble supreme court in rcrcl Bank Ltd vs. prakash Kaur's case (i supra) and ICICI Bank Vs. Shanti Devi Sharma,s case (2 .rpr"j. 9- with tlee above said direction, the writ petition is di:;posed of.,,

3. Learned Sta'ding counsel for respondent Nos. 1, s, 9 and 22 have no objecl.ion. U t 0 I I \ r i I i i1 I I I I I I I i1 I 2

4. Accordingly, in terms of the order passed by this court iu V/.P.No.52OO of 2024, ciated 25.O4.2024, and for th9 reasons alike, this writ petition is disposeci of directing the respondent authorities and thcir agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated 12.08.2022 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case ancl ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall gtand closed t1zoo1) 2 gcc 't I I troos) I Soc 53 z \ SD/- M. JAWAHAR RED ASSISTANT //TRUE COPYII SECTION OFFICER To,

1. The Secretary, Mi nistry of Finance, Union of lndia, New Delhi 2- il3i"#i,I,9?ffi61,ranaser, Reserve Bank of tndia (RBt), 6, sansad Marg, ,/

3. one cl to SRt BONTHU LOKESH PHAN|NDRA REDDy Advocate [opuc] 4. one c,l to SRt N BHUJANGA RAo DEpury soltctroR GENERAL oF tNDtA IOPUC] / I I l I I I I I i i I i I I i i

5. One Ctl to SRt V SANTOSH, Advocate [OpUC] 6. One C(] to SRt N SDHARSHAN, Advocate tOpUCl 7. One CC to SRI M DEVENDER REDDY, Advocate tOpUCl B. One C3 to SRt fU p KASHYAP, Advocate IOPUCI 9. Two Cr) Copies DAN TJ 0U I HIGH CO'URT DATED:0t8/1 012025 \ \I I \ ORDER WP.No.2,7780 of 2025 \ \ I I t t S C) f'r * 2 0 1F8 ljlh i DISPOSING OF THE WRIT PETITION WITHOUTCOSTS cd[*] &