Td also the judgrnents of the Honble Supreme Court in ICICI Bank Ltd v. prakash Kaur's case

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'- 11'000.1 HDFC Bank Limited, Repty its Chi^el .Manager, No 1t1)t6)t3, Suryodaya, Begumpet, Hyderabad, Tdlangana 5000.16 IDFC FIRST Bank Limited, Rep by its Chief Manager, Ground Floor, veer chambers, No 1-'10-63/'lli , oppglle Snopperi -Stop, Chikoti C jiO""i, Begumpet, Hyderabad, Telangana 50001 6 AXIS BANK. Reo bv its Chief Manager -Qround Floor. Sriven Mall, Miyapur td., J p Na_gar, CG'Emproyees co6;t, Mril;iNii;,. rvrivaprr, nioerloli, Telangana 500049 SBI Cards and Payments Services Limited (SBl Card), Rep. by its Chief Manager,_State Bank of tnoia Creoti Gro;,"iaN;.-5,C lo a,il 5E 3; Fi;;; Queens Plaza' 18382 Oueens plaza Sp Road SeiunderaOiA lefanga; 500003 ..,RESPONDENTS Petition under Articre 226 of the constitution of rndia 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 particurarry in the nature of writ of Mandamus, decraring the action of respondent Nos. 3 to 06 in attempting to recover amounts from the petitioner in an arbitrary, iflegar, and high-handed manner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated ' .08.2022 bearing No. RBll2O22-231108, DOR.ORG.REC.65/2'l .04.15812022-23. and further declaring the inaction of respondent No. 2 in enforcing the said Cir<;r lar as u nconstitutiona I and violative of Articles 14, 19, and 21 of the Cors titution of lndia, and consequently direct the respondent authorities to refrairr from undertaking any coercive or unlawful recovery measures against the p: itioner and to strictly comply with the due process of law and the aforesaid ( ircular in all recovery proceedings, and further restrain respondent Nos. 3 to 0€, their agents, recovery agents, executives, managers, or any person acting tn their behalf from engaging in any acts of intimidation, harassment, humiliat t n, or intrusion into the privacy of the petitioner or his family members, refereo or friends, including persistent or anonymous calls, threatening messages, c r physical visits to the petitioner's premises, and further direct respondent No. 2 t I enforce the said RBI Circular in letter and spirit and to initiate appropriate and s ringent action against the errant officials of respondent Nos. 3 to 06 for viola ing legal norms, and pending disposal of the writ petition, direct the responderr t Nos. 3 to 06 not to resort to any coercive measures against the petitioner :xcept through lawful means and in strict adherence to the Circular dated 12.08 1022. Counsel for the Petitioner: Ms. MIRYALA ANUSHA Counsel for the Respondent No.1: SRI K. ARVIND KUMAF, S.C. FOR CENTRAL GOVERNMENT REPRES :NTING SRI N. BHUJANGA RAO, DEPUTY SOLICITOR GEll :RAL OF tNDtA Counsel for the Respondents No.2 to 4 & 6: - Counsel for the Respondent No.5: SRI M.P. KASHYAP The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHTEMAPAKA WRTT PETITION No.2897L of 2O2S ORDER: Heard Ms.Miryala Anusha, 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.p.Kashyap, learned counsel for respondent No.5. Perused lhe record 2 Despite service of notice, none appeared for remaining respondents t

3. When the matter is taken up for hearing, learned counsel for peritioner submitted that the issue raised in this writ petition is squarell. covered b-v 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 *,rit petilion as *'ell. The operative portion of the said order reads as under: -by "8. For the aforesaid reasons and as the procedure ttre respondent Nos.4 to Z for recovery of loan adopted amount from the petitioner, amounts to violation of ihe rights gua-ranteed under Articles 14 and, 2l 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 a-rnounts, shall strictly iollow the guidelines and instructions issued by the Reserve Balk of I"d_ri_Td also the judgrnents of the Honble Supreme Court in ICICI Bank Ltd Vs. prakash Kaur's case (f supral and ICICI Bank Vs. Shanti Devi Sharma's case (2 suprai. 9. With the above said direction, the writ petition is disposed of." 2 Learned Stzrnding counsel for respondents have ro objection to the

5. Accordinglv, in terms o[ the order passed ly this Court in W.P.No.52O0 of 2024, dated 25.04.2024, and for the re I ;ons alike, this writ petition is disposcd o[ directing the respondent authorit es and their agents to scrupulously iollow the guidelines/ instructions iss,r ed by. the Reserve Bank of India in its Circular dated 12.08.2022 and al: o the judgments of Hon'ble Supremc Court in ICICI Bank Ltd. v. Praka s r Kaur'rs case and ICICI Bank v. Shanti Devi Sharma'2s case, while ecovering the loan amounts from thc petitioner. No costs. Pending misccllaneous applications, if any, shal stand closed L ( A ; )/.P.C. SULEKHA DEVI ,SISTANT REGISTRAR ( To //TRUE COPY// \ ! SECTION OFFICER

1. The Secretary, Union of lndia, Ministry of Finance, Ne rv Delhi. 2. The Chief General Manager, Reserve Bank of lndi;l (RBI), 6, Sansad Marg, New Delhi - 110001 3 One CC to IVIs. I/IRYALA ANUSHA, Advocate [OPU( ] 4 One CC to SRI N. BHUJANGA RAO, Deputy S,: rcitor General of lndia loPUCl 5 One CC to SRI M.P KASHYAP, Advocate [OPUC] 6. Two CD Copies MP BS sr t (2oo7)2scc7tt , (200u) 7 scc 532 HIGH COURT DI,'l'ED:1111112025 ORDER WP.hl >.28971 o12025 E * t 6 ul\n 2U!0 t DISPOSING OF THE ''VRIT PETITION V1I THOUT COSTS 1 I I I I I @