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

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 28280 OF 2025 Between: Kothamaram Srinivasulu, S/o. Venkateswara Reddy, Age. 35 years, Occ. Pvt. Employee, Rl/o. H.NO. 1-31, Turpu Chowtapalem, Darsi, Prakasam, Andhra Pradesh - 523247 i - -',-,-- -' ...PETITIONER AND

1. .) J.

4. E

7. o. o Union of lndia, Represent by its Secretary, Ministry of Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - '1 1000'l lClCl Bank, Rep. by its Chief Manager, lClCl Bank io*ers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032 HDFC Bank Limited, Rep. by its Chief Manager, Sy No 68, Delta House, PN 26, 33lAand34iB, Gr Flr, Allwyn X Road, Miyapur, Hyderabad, Telangana 500049 YES BANK, Rep by its Chief Manager Ground Floor, Shop No.11, 77, NH 65, GouthamSi Nagar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050 SBI Cards and Payments Services Limited (SBl Card), Rep. by its Chief Manager, State Bank of lndia Credit Cards Unit Nos 3C 3D and 3E 3rd Floor Queens Plaza 18382 Queens Plaza SP Road Secunderabad Telangana500003 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 5-4110 86 5-411 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050 Akara Capital Advisors Private Limited, Rep by its Chief Manager, 60, Second Floor, Arjun Nagar, Kotla Mubarakpur, New Delhi, Delhi, lndia, 110003 '10 KRAZYBEE Services Private Limited, Rep. by its Chief Manager, The Royal Stone Park, No. 100, Sakshi Nagar, Pai Layout, Bennigana Halli, Bengaluru '1 1.UNIFINZ CAPITAL INDIA LIMITED, Rep by its Cref Manager, Chawla House,3rd Floor, '19 Nehru Place, New Delhi, Delhi, 1' 019, lndia '12.FlNC FRIENDS Prrvate Limited, Rep by its Chief Mar ager, No. 1/2, Lalitha Nilaya, 4th Cross, RMV ll Stage, Bhoopsandra, Ber yaluru Bangalore KA 560094 No

12.08.2022 bearing Petition under Article 226 of the Constitution of lncr crrcumstances stated in the affidavit filed therewith, the High ( r issue an appropriate Writ, Order, or Direction, more particularl! Mandamus, declaring the action of respondent Nos. 3 to 12 rr amounts from the pet tioner in an arbitrary, illegal, and high-r following the due process of law and in blatant violation of th€ Circular dated DOR.ORG.REC.65121 04.15812022-23, and further dectaring th,) No. 2 in enlorcing the said Circuiar as unconstitutiona I and vio i and 21 of the Constitutron of lndia, and consequently direct the re refrain from undertaking any coercive or unlawful recovery petitioner and to strictly comply with the due process of law and t all recovery proceedings, and further restrain respondent Nos. recovery agents, executives, managers, or any person actinc engaging in any acts of intimidation, harassment, humiliation, or r of the petitioner or his family members, referees or friends, anonymous calls, threatening messages, or physical visits to t I and further direct respondent No. 2 to enforce the said RBI Ci|r and to initiate appropriate and stringent aclion against the errar I Nos. 3 to 12 for violating legal norms, and pending disposal of the respondent Nos. 3 to '12 not to resort to any coercive measuT€,r except through laMul means and in strict adherence to the Circula ...RESPONDENTS praying that in the .rrt may be pleased to r the nature of Writ of attempting to recover ,nded mariner without ieserve Bank of lndia RBv2022-23t108, nactron of respondent live of Articles 14, 19, ,;pondent authorities to reasures against the e aforesaid Circular in 3 to 12, their agents, on their behalf from lrusion into the privacy r clud ing persistent or petitioners prem ises, .llar in letter and spirit cfficials of respondent writ petition, direct the against the petitioner daled 12.08.2022. Counsel for the Petitioner : SRI BONTHU LOKESH PHANlt,.l )RA REDOY counser for the Respondent No.1&2 , rsit6ftrJlR,llfl, hrr. Counsel forthe Respondent No.5 : SRI SUDHARSHAN NAI AHARI Counsel for the Respondent No.2to4,6to12 : The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.2828O of 2025 ORDERi Ileard Sri Bonthu Lokesh Phanindra Reddy, learned counsel for pctitioner, Sri K.Arvind Kumar, learned Standing counsel for Central Government for respondent No.1 and Sri Sudharshan Narahari, Iearned counsel for respondent No.5. 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: 1 \ '8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under 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 Rcserve Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (l supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). 9. With the above said direction, the writ petition is disposed of." 2 3 . Learnecl Counsel for the respondents clor r not d ispute tl-rr: submissions of lcarned counsel for the petitioner.

4. ln tcrms of 1he order passed b), this Cor_r:.r n W.p.No.520O ot 2024 , dated 25.o4 .'2024 . and for rhe reasons arik : this u.ri t petrtion is disposed of dirccting thc respondent authorit;< ; to scmpulously follou, the guiclelines/in structions in the RIi Circular datccl 12.08.2022, ar-rd al so the j udgments of Hon,blt: I upreme Court in ICICI Bank Ltd Vs. prakash Kaur and othersr ar 1 ICICI Bank Vs. Shanti Devi Sharma and others2. Pending miscellaneous applications, if ar shall stand closed. Str, . T. Srinivasa Reddy ASr; STANT REGISTRA-B- r //TRUE COPY// SECTION OFFICER v To, New Delhi - 110001 '1 . The Secretary, Unron of lndia, Ministry of Finance' Nev' )elhi 2. The Chief General l\4anager, Reserve Bank of lndia (R: ), 6, Sansad Marg, 3. One CC to SRI BONTHU LOKESH PHANINDRA RED- 'r' Advocate' [OPUC] 4. One CC to SRI K ARVIND KUMAR' SC FOR CENTRI'I GOVT IOPUCI 5. One CC to SRI SUDHARSHAN NARAHARI' Advocate OPUCI 6. Two CD CoPies BSK TJ Yt HIGH COURT DATED:0911012025 oB.IE ( sIl II' () r--) ,..}..,. 1 ii lrt '.1.1 *''\Qt. \--- , ,!.C ORDER WP.No.28280 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS l i I I i I I ! I I i I I i Il I I i I I I I I 1 I ; t i I i i I J l 6 .c* &'