The High Court · 2025

coercrve or unrawfur recovery measures against the pet toner and to strictrv comply.with the due process o[ raw and tn"e atoresaio c r :urar in arr recoverv proceedings, and further restrain respondent-ttor. ito o,- t "l;;n;",": ;;;;J;ii agents, executives, managers, or any person actrng (,r their behalf from engaging in any acts of intimidation, n"rrarr"ni, nr,niriatiorr or intrusron into the privacy of the petitioner or.his family ,".U"rr, ,"irrees )r friends, including persistent or anonymous calls, threat,eni^g ,"*#., or : rysical visits to the petitioners premises, and further airect res[onJe"iir" z to r nforce the said RBr circutar in retter and spirit and to initiate aipffii"t"'r"o st.r genr action against the errant officials of respondent Nos j 'to '6 ;o; legal norms, and pending disposar of the writ petition, oirect tne i;sponoent Nos.3 to 6 not to resort to any coercive measures ag^ainst the petitilner ei(, ept through lawful means and in strict adherence to the-Circut^, Oaiid ii.oa.zoz z. Counsel for the petitioner : SRI NAKKA KIRAN KASH Counsel for the Respondent No 1: SRt K ARVIND KUMAR S( FORCENTRAL 'vrotatjrr, B H U J AN GGAoXiBHiL'r lff l,="i,: i :H,",,T iX., Counsel for the Respondent No 6 : SRI M DEVENDER REDD\ The Court made the following: ORDER " THE HON'BLE SRI JUSTTCE NAGESH BHEEMAPAI(A WRIT PETITION No.29O58 of 2025 ORDER: Heard Nakka Kiran Kash, learned counsel for the petitioner, Sri K.Arvind Kumar, learned Standing Counsel for Central Government representing Sri N.Bhujanga Rao, learned Deputy Solicitor General of India, lor respondent No.1, Sri M.Devender Rectdy, lcarned counsel for respondent No.6. Perused the record 2 Despite service of notice, none appeared for remaining respondents

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this wril Petition is squarely 1 ( I covered by the order passed by this Court in W.P.No.52OO 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: "8. For the aforesajd reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, anounts to violation of the rights gua-ranteed 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 loa:n amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank of India and also the judgments of the Hontrle 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 \t'rit petition is disposed of." Z Learncd Stzrnding counsel for respondents hav no objection to the

4. same-

5. Accordingly, in terms of the order passc<l by this Court rn W.P.No.520O of 2024, dated 25.04.2024, ar,d for the re r ;ons alike, this writ petition is disposed of directing the respondent authorrl :s and their agents to scrupulously folloiv the guidelines/ instructions issr. ed by the Reserve Bank of India in its Circular dated 12.08.2022 and a1s r the juclgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakasl Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while r rcovering lhe loan amounts from the pctitioner. No costs Pending misccllaneous applications, if any, sha[] ;tand closed. 1(2OO7l2 SCC 711 2(2o08l7 SCC s32 To //TRUE COPY// / .SRINIVAS REDDY I TANT REGISTRAR ;ECTION OFFICER ',\t \

1. Union of lndra, Represent by it's Secretary, Ministr$ Fi r rnce, New Delhi 2. The Chief General Manager, Reserve Bank of lndia (RBl) 6, Sansad Marg, New Delhi - 1 10001

3. The Chief Manager, lClCl Bank, lClCl Bank Towers, Finiti cial Dist, Plot No 1 2 Nanakramguda, Gachibowli, Hyderabad, Telangana 5 ( 1032 4 KASAR CREDIT AND CAPITAL PRIVATE LIMITED, Ret, ;y its Chief Manager, Unit No. G-51, Ground Floor, Krishna Apra Bul;i less Square,.Neta Ji Subhash Place, Wazirpur District Centre, Prtampura, tt lhi, Delhi, lndia' 1 10034

5. The Chief lvlanager, R K BANSAL FINANCE PRIVATE L llITED, B/9, Pusa Rd, Block 8, WEA, Karol Bagh, New Delhi 110005, lndia

6. The Chief lvlanager, Early Salary Services Pvt Ltd., UNll {O. 404, THE CHAMBERS VIIVAN NAGAR NA, PUNE, Pune, Maharast a

7. One CC to SRI NAKKA KIRAN KASH Advocate [OPUC

8. One CC to SRI M DEVENDER REDDY Advocate [OpUC] 9. One CC to SRI N BHUJANGA RAO Deputy Solicitor Generat of '10.Two CD Copies [OPUC] D,N SA iv1 HIGH COURT DATED: 1111112025 ORDER WP.No.29058 of 2025 - a:-.='.--:' i,\i s ,.,, /-_' l_'<' )i I I I /., o-)',) ,t0 ) 1 t DEC (r\mt ... DISPOSED OF THE WRIT PETITION WITHOUT COSTS