Bolli Manikumar v. 1. The Union of lndia

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 writ order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.2 in not legitimately protecting the interest of petitioner by duly enforcing its circular dated 1210812022 vide RBll2O2223t 1O8 DOR ORG REC 65/21 04 15812022-23 against Respondent Nos. 3 to 10 who are resorting to high-handed measures to recover money without following the Circular daled 1210812022 vide RBll202223l 108 DOR ORG REC 65/21 04 1581202223 issued by Respondent No. 2 and Consequently drrect the Respondent No.2 to take stringent action against the errant offrcial of the Respondent Nos. 3 to 8 in unlawfully illegally and arbitrarily taking to recover the amounts from petitioner without following circular dated 1210812022 vide R811202223/ 108 DOR ORG REC 6st21 04 158t2022-23. IA NO: 1 OF 2025 Petition under section 1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct Respondent No. 2 to instruct the respondent Nos. 3 to g not to harass the petitioner while recovering the amounts from petitioner and to follow the circular dated 1210812022 vide RBll202223t 108 DoR oRG REC 6st 2i 04 1s\t2o2z-23 pending drsposal of the above writ petition. Counsel for the Petitioner: SRI PEDDAMMA PRIYANKA Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.29357 of 2025 ORDER: Sri Peddamma Priyanka, learned counsel for the petitioner and Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia for respondent No. I

2. When the matter is taken up for hearing, learned counsel for I 1l petitioner submitted that the issue raised in this Writ Petition is squarely covered by the order passed by this Court in W.P.No.5200 of 2024, dated

25.04.2024 and therefore, thc same order may be passed in this rvri l- petition as well. The operativc portion of the said orcler reads as under: "8. For the aforesaicl reasons and as thc procedure adopted by the respondent Nos.4 to 7 lor recovery of loan amount from the petitroner, amounts to violation of the rights guaranteed under Articles 14 an<l 2L o[ the Constitution of India, this Court clcems it appropriate to clirect the respondents, to ensure that the agents cngaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Rescrve Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (1 supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). 9 . With the above said direction, the writ petition is disposed of. "

3. Learned counsel for respondent No.1 has no objection

4. Accordingly, in terms of the order passed by this Court tn W.P.No.52OO of 2024, daLed 25.04.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents 'z to scrupulor-rsh lollolg tl-rc su idc lirres / instruc tion s issued bt' the Reserve B:rnk of lrrrlier in its Circulzrr clated 12.O8.2O22 and also thc juclgrncnts of Hon'ble Sr-Lprt'rnc C()urt ln ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, u,hile rccovering the loan am()unts lrom the pctitioner. I'cncling miscclla n<'or-rs applications, il' any, shall stand closed .,. (roo+ (r oo( ) No costs dScc 711 * lcc ,f3Q To, //TRUE COPY// SD/. P.C. SULEKHA DEVI ASSISTANT REGISTRAR I ' .1- SECTION OFFICER

1. The Secretary, tr/inistry of Finance, New Delhi, Union of lndia' 2. The Chief General l\,4anager, Reserve Bank of lndia, Bth Floor, central office - BuitOing Shahid Bhagat Singh Road, tv'lumbai-400001

3. The General fr,4anager state Bank of lndia, lnfinity_towers. Tower C, 12th floor, - Block 2 Building 3, bLF Cyber City, Gurugram-122Oo2'

4.TheGeneralManager,RBLBankLtd,OneWorldCentre,Tower28'6th f foor, eai SenapatiBapat lvlarg, Lower parel (W)' Mumbai-400013. 5- The General Manager lndus lnd Bank Ltd' 11th Floor, Tower '1 , One World - Center, 841 S.B tr,4aig park, Prabhadevi, Mumbai-400013'

6. Thc General Manager, AXIS Bank, Axis Bank ltd-,.NPC1, st!-f!o-or' Gigaplex' " pii,il.l"f ls nlioc;l nrroti Knowledge Park, Navi Mumbai-400708' 7' The General Manager, lClCl Bank Tower, Near Chakli Circle, old Padra Road, Vadodara 390007, Gujarat, lndia.

8. The General lvlanager, M/s. Encore Asset Reconstruction Company.?y1: " ^L^td ' sin fioor, pfot No t3z, Sector-44, Urban Estate Gurugram, Haryana 122002'

9. One CC to SRI PEDDAMMA PRIYANKA, Advocate [OPUC] 10.One CC toSRl N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF lNDlA, High Coud for the State of Telangana at Hyderabad [OPUC] 1 1. Two CD Copies BSR GJP -.. HIGH COURT DATED:1311112025 t .- i., ,,,-;q.{i'.,.+-s\ ul.t) '(i t l r.-' f- a:(, .2, 2 5 tlq lffr = ORDER WP.No.29357 of 2025 t aa. StarcHEO * DISPOSING THE WRIT PETITIONS WITHOUT COSTS 1,<P \ -\.,r 2 \r\'