The High Court · 2025

Chinthanippu Krishnarao, S/o Srinivasa Rao, Age.38 Years, Occ. Pvt Emp, Fl/o 1-106, Patha Karaigudem, Penuballi, New Karaigudem, Khammam, Andhra Pradesh - 507302. Pan Card No. AJKPV7172Q. AND

2. Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 1'10001 .,,PETITIONER 3 lClCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032 4. 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

5. RBL Bank, Rep. by its Chief Manager Shop no 5-4110 and 5-4i 1 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050

6. BAJAJ FINANCE Ltd, Rep. by its Chief Manager, 6th Floor, Baiaj Finsery Corporate Office, Pune-Ahmednagar Road, Viman Nagar, Pune, Maharastra - 411014. a

7. Newtap Finance P!'t Ltd, Rep. by its Chief Manager 404, Uphar ll CHS Ltd' Plot No. 5 BHD, Sanjeeva ENC 7 Bunglows, Near Juhu Circle, Mumbai, Maharashtra, 400061.

8. NAVI FINSERV Ltd, Rep. by its Chief Manager 2nd Floor, Vaishnavi Tech Square, lballur Village, Begur Hobli, Bangalore, Kamataka - 560102. ...RESPONDENTS Petition under Article 226 ol the Constitution of lndia 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 particularly in the nature of Writ of Mandamus, declaring the action of respondent Nos 3 to B in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handed manner without following the due process ( violation of the Reserve Bank of lndia Circular dated 12li RBI I 2022-23 I 1 08, DOR. O RG. REC.65/2 1 /0 41 1 58 12022-23. the inaction of respondent No. 2 in enforcing the said CircL I and violative of Articles 14, 19, and 21 of the Const consequently direct the respondent authorities to refrain 1 coercive or unlawful recovery measures against the pe:i comply with the due process of law and the aforesaid C;i proceedings, and further restrain respondent Nos. 3 to 8. t agents, executives, managers, or any person acting c engaging in any acts of intimidation, harassment, humiliatiot privacy of the petitioner or his family members, refereer; persistent or anonymous calls, threatening messages, or petitioner's premises, and further direct respondent No. 2 tc Circular in letter and spirit and to initiate appropriate and st the errant .officials of respondent Nos. 3 to B for violali pending d.isposal of the writ petition, direct the responde t resort to any coercive measures against the petitioner E means and in strict adherence to the Circular dated 12lO8l',1 I law and in blatant )812022 bearing No. rnd further declaring rr as u nconstitutional ution of lndia, and 'om undertaking any ioner and to strictly cular in all recovery r eir agents, recovery r their behalf from , or intrusion into the or friends, including lhysical visits to the enforce the said RBI ingent action against rg legal norms, and t Nos.3 to 8 not to <cept through lawful 22. Counsel for the Petitioner : SRI MIRYALA ANUSHA Counsel for the Respondent No 1: SRI K ARVIND KUMAR I iC FOR CENTRAL GOVERNMENT Counsel for the Respondent No 6: SRI R MANGULAL Counsel forthe Respondent No 4: MR M P KASHYAP Counsel for the Respondents No 2,3,5,7 and 8: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PDTITION No.29LO7 of 2025 ORDER: Heard Ms.Miryala Anusha, learned counsel for the petitioner, Sri K.Arvind Kumar, learned Standing Counsel for Central Government for respondent No.1, Sri R.Malgulal, learned counsel for respondent No.6 and Mr.M.P.Kashyap, learned counsel for respondent No.4. 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 Writ Petition is squarely I covered by the order passed by this Court in W.P.No.52O0 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 aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loal amount from tJ:e petitioner, arnounts to violation of the rights guaranteed under Articles 74 and 2l of the Constitution of India, this Court deems it appropriate to direct the respondents, to ensure that the agents engaged by ttrem for recovery of the loal amounts, shall strictly follow the guidelines ald instructions issued by the Reserve Bank of India ald 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 writ petition is disposed of."

4. Learned Standing counsel for respondents have no objection

5. Accord.nglv, .in terms of the order passed I y this Court ln W.P.No.S20O of 2024, dated 25.O4.2O24, andfor the rea; ,r_rs alike, this writ petition is disposed of directing the respondent authoritr -- ; and their agents to scrupurousry fo'ow the guirielines/instructions issu: r by the Reserve Bank of India in its circular dated 12.og.2 o22 andalsc, the judgments of Hontrle Supreme Court in ICICI Bank Ltd. v. prakash (aur,ls case ancl ICICI Bank v. Shanti Devi Sharaa,2s case, while r.ec >vering the loan amounts from the petitioner. No costs. Pendins misceraneous apprications, if any, shail ste nd closed. //TRUE COPYII so/- K. I /\;r$r t\\ \i\ Js' \ 3 {AVANI SWAMY NT REGI STRAR )TION OFFICER I To, 1 2 The Secretary, Union of lndia, -Arranaser, ilH"#ni Tlera I Represent by Ministry of Finar ;e, New Delhi eserve Bank of lndia (RBl), 6, iansad Marg, R ' U "-:9"-',H;rS::, J::? I #ill;i[ Ltil ISffi !.; fjt%b%, ' +3,g#Tilip"?Ltii"?sx;f#r?s,:,;"il;#,[x,! I [rT,, Rd J p ' Il3,?:' ",i#:?:fl i! ; [B!.?.,*L :J,",l,.fo3# lo '5[?"3T",i#fl 'f a*"%#r-:Hu,i."h,ft,un,j..1",",i;:,rr3A*:,g9f an d s - 4 t 1 1 G, u n d rro o r, D i s t, p, o t N o {lBiT. ,_"iF"!"ti:lffE!is?-8?%?*;ffi :ft J#,*;t#;,yl[,il]!31,]:H,:l?t]: , ({{0€J 7 scc s32 7 'H:,,",\i"JjU31ffi ;[tY,l,1]ir=5J,"1'*;?Xi5lTl'Y8ili'virechSquare' 9. One CC to SRI MIRYALA ANUSHA Advocate [OPUC] 10.One CC to SRI K ARVIND KUMAR SC FOR CENTRAL GOVERNMENT loPucl 1'1 . One CC to SRI R MANGULAL' Advocate [OPUC] 12.OneCC to SRI MP' KASHYAP' Advocate [OPUCI 13.Two CD CoPies D-N PVL S( I / tJ / HIGH COURT DATED:1 111112025 \ ) ORDER WP.No.29107 of 2025 \ -j1 ,tirr S14 09 lt]ZE \ z r) t \ -oi. -: t- I :- DISPOSED OF THE WRIT PETITION WIT HOUT COSTS t