High Court · 2025

13. Naman Finlease private_ Limited, Rep. by its Chief Manager 5_370, Basement l4 UCA t'lNVESr PRIVATE L|M|TED, Rep By tts Chief Manager 202, ptot No- l5 Transactree Technorooies pvt. Ltd., Rep. by its chief Manager L-g2 s/F R/s 16 Pokket Financiar services pvt Ltd , Rep. by its chief Manager, ps Sriian Corpore.te park, Tower t tztn rrooi, ii;ii Nd. |"tzo+, z, Ep and Gp. Sector V, Bidhannagar, Kotkata, west Bengdr_ 7Obbrti. Vitt Murrrika Na New D;thi South'[/ve;i-6"r"rri rii iioooz 9, Vee.savarkar Btock, stratirpurietirii ro6s) "r '- lT.Finkurve Financial Services Limited, Rep. by its Chief Manager 2O2tA, O2nd Floor,Trerde World, D-Wing,Kamala Mills, Compound, S. B. M5rg, Lowei paret West, Mumbai, Maharashtra, lndia - 400013.

18. NAVI FINTSERV Limited, Rep. by its Chief Manager, AMR Tech Park, G-round Floor, Hongasandra Village Hoslr Road, Bengaltiru, Karnataka - 5600068. 19. lclcl Barrk, Rep. by its Chief Manager, lClCl Bank Towers' Financial Dist, Plot No 1ll, Nan'akra-mguda, Gachibowli, Hyderabad, Telangana 500032 . ...RESPONOENTS Petition urtder Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased toto issue an appropriate writ, order, or Direction, more particularly in the nature of wrii of Mandamus, declaring the action of respondent Nos. 3 to 19 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handed marner without following the due process of law and in blatant violation of the F eserve Bank of lndia circular dated 1210812022 bearing No' R}u2o22-23t1oB'DoR.oRG'REC.65/21.04.15812022-21andfurtherdeclaring the inaction of resrondent No.2 in enforcing the said circular as unconstitutional andviolativeof.Articlesl4,lg,and2loftheConstitutionoflndia'and consequently direot the respondent authorities to refrain from undertaking any coerciveorunlawfulrecoverymeasuresagainstthepetitionerandtostrictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, and frtrther restrain respondent Nos' 3 to 19' 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 19 for viorating regar norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 19 not to resort to any coercive measures against the petitioner except through lawfut means and in strict adherence to the Circular dated 12l}gt2)22. counsel for the petitioner : SRr BONTHU LOKESH PHANTNDRA REDoy counsel for the Respondent No.1 : sRr K.ARVIND KUMAR, sc FoR CENTRAL Govr counsel for the Respondent No.6 : SRI suDHARSHAN NARAHARI Counsel for the Respondent No.2TO7,9,10 : The Court made the following: ORDER ; :i . ..i THE TION'BLE SRI JUSTICE NAGESI{ BHEEMAPAKA WRIT PETITION No.28263 of 2o.25 ORDER: Hez:rd Sri Bonthu Lokesh Phanindra, learned counsel for petitioner, Sri K.Arvind Kumar, learned Standing Counsel for Central Governme:nt for respondent No.1 and Sri Sudharshan Narahari, learned cc,urrS€l for respondent No.6. 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 c,rvered by the order passed by this Court in W.P.No.S2OO 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: I i "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, emounts to violation of the rights guaranteed under ,A,rticles 14 and 2L of the Constitution of India, this tlourt deems it appropriate to direct the t'espondents, to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follorv the guidelines and instructions issued by the Reserve Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. f'rakash Kaur's case (1 supra) and ICICI Bank Vs. Srhanti Devi Sharma's case (2 supra). 9. With the above said direction, the writ petition is disposed of." 2

3. Learned counsel for the respondents rioes not dispute the submissions of learned counsel for the petitioner.

4. [n terms of the order passed by thrs court in w.p.No.52o0 of 2024, dated 25.04.2024, and for the reasons alike, this writ petition is disposed of d.irecting the respondent authorities to scrupulously follow the guidelines/instructions in the RBI circular dated r2.o8.2o22, and also the judgments of Honble Supreme court in IcIcI Bank Ltd vs. Prakash Kaur and othersl and lcrcr Bank vs. Shanti Devi Sharma and others2. Pending miscellaneous applications, if any, shall stand closed. To, SD'.A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR 6 SECTION OFFICER I //TRUE COPY//

1. The Secretary, Union of lndia, Ministry of Finance, New Delhi 2. The Chief General Manager, Reserve Bank of lndia (RBl), 6, Sansad Marg, New Delhi - 110001

3. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate. [oPUC] 4. One CC to SRI K.ARVIND KUMAR, SC FOR CENTRAL GOVERNTUENT. loPUCl

5. One CC to SRI SUDHARSHAN NARAHARI, Advocate. [OPUC] 6. Two CD Copies. BSK BS ,Nf i ,, I I I l,i ,l : l i I I I HIGH COURT b DATED:09/1 0l2O2S I I lHE S 0 3 rl:8 ]i2[ * * ORDER WP.No.2B263 of 20Zs DISPOSING OF THE WRIT PETITION WITHOUT COSTS p{ ,,v 1 I I I t