✦ High Court of India · 09 Oct 2025

Reserve Bank of India and also the judgmenis of vs Prakash Kaur's case (l supra) and ICICI Bank Vs.

Case Details High Court of India · 09 Oct 2025
Court
High Court of India
Decided
09 Oct 2025
Bench
Not available
Length
1,083 words

Acts & Sections

Done Navesrn leddy, S/g Venkata Krishnareddy, Age 37 years, Occ pvt Employee, No 2-2-1BOl1,First Floor, Hanuman sai nagar, Uppal, Hyderabad, Telangana-500039. Pan No ATAPDl 392D AND ...PETITIONER

2. Union of lndia, Represent by it's Secretary, tr/inistry of Finance, New Delhi Reserve_ Bank- of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 110001

3. lclcl Bank, Rep by its Chief Manager, lClCl Bank Towers, Financial Dist, plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032 4 IDFC BANK Limited, Rep by its Chief lvlanager PN 26, 33/A & 3418, Gr Ftr, Delta House, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049 5. IDFC FIRST BANK, Rep by its Chief Manager Ground Floor, Plot No 6-7, Survey No 6p, po.olNo 1-121lKzl6-7, Near6y Athidhi Restuarant, Miyapur, Serilingampalle (M), Telangana 500049

6. AXIS. BANK, Rep by its Chief Manager Ground Floor, Sriven Mall, Miyapur Rd, J P Nagq1, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderlbad, Telangana 500049

7. INDUSIND Bank Limited, Rep by its Chief Manager 1-248, Upper' Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052

8. YES BANK, Rep by its Chief Manager Ground Ftoor, Shop No.11, 77, NH 65, Gouthami Nagar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050 L AKARA CAPITAL ADVISORS PRIVATE LIMITED, Rep. by its chief manager 58, First Floor, Arjun Nagar Kotla Mubarakpur New Delhi Central Delhi DL lN 110003

10. SBI Cards_ and_ Payments Services Limited (SBl Card), Rep. by its Chief M-a11ger, DLF Cyber City, Tower C, Block 2, Buitding 3 DLF infinity Towers, 12th Floor, Gurugram, HR - 122OO2 ...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 in the nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to '10 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 violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBI/2022- 231108, DOR.ORG.REC.65121 .O4.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as u nconstitutional and violative of A(icles 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 aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to '10, 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 ol the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to the petitioner's 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 10 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 10 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 : SRI BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No.1 : SRI K.ARVIND KUMAR, SC FOR CENTRAL GOVT. Counsel forthe Respondent No.8: SRI SUDHARSHAN NARAHARI Counsel for the Respondent No.2TO7,9,10 : The Court made the following: ORDER /, THE HON'BLE SRT JUSTICE NAGESH BHEEMAPAI(A WRIT PETTTIO N No.28276 of 2O2S ORDER: Heard Sri Bonthu Lokesh phanindra, learned counsel for petitioner, Sri K.Arvind Kumar, learned Standing Counsel for Central Government for respondent No. 1 and Sri Sudharshan Narahari, learned counsel for respondent No.g. 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.O4.2024 and, therefore, the same order may be passed in this writ petition as welr. The operative portion of the said order reads as under: \ \ I I "8. For the aforesaid reasons ald as proced ure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guarantLed under Articles 14 and 2 1 of the Conititution of tndia, this Court deems it appropriate to direct the respondents, to ensure that the agents engaged by F.9- h recovery of the loan ,-or"., t", "rr.ii s-t.i.uy follow the guidelines and instructions i""uea Uy it. Reserve Bank of India and also the judgmenis of the Hon'ble Supreme Court in ICICI iani Ltd Vs. Prakash Kaur's case (l supra) and ICICI Bank Vs. Shanti Devi Sharma's case 12 supra). 9. With the above said petition is disposed of.,, direction, the writ 2

3. Learned Counsel for the respondents does not dispute the submissions of lcarned counsel for the petitioner.

4. In terms of the order passed by this Court in W.p.No.S2OO of 2024, clated 25.04.2024, and for the reasons alike, this writ petition is disposed oi directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI circurar dated I2.OB.'2O22, and also the judgments of Hon,ble Suprerne Court i. ICICI Bank Ltd Vs. prakash Kaur and othersr and ICICI Bank Vs. Shanti Devi Sharma and others2. Pending miscellaneous applications, if any, shall stand closed SD/- A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, \ \

1. The Secretary, Union of lndia, tuinistry of Finance, New Delhi 2. The Chief General /anager, Reserve Bank of lndia (RBl), 6, Sansad Marg, New Delhr 1 10001 3 One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate. [OPUC] 4-..Ooe CC to SRI K.ARVIND KUMAR, SC FOR CENTRAL GOVERNI\,,IENT. loPUCl

5. One CC to SRI SUDHARSHAN NARAHARI, Advocate. [OPUC] 6. Two CD Copies. d BSK GJP I HIGH COURT DATED:09110t2025 lHE S rri ?. tA. o \ :...Y ,\\. (. 4l'l[R i]1!l2 .t, Oc^ rrlJ c * ORDER WP.No.282tG ot 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS q 9A

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