High Court · 2025

Done Naveen Reddy, S/o Venkata Krishnareddy, Aged 37 years, Occ. Pvl Employee, R/o 2-2-186l1,First Floor, Hanuman sai nagar, Uppal, Hyderabad, Telangana-500039. Pan No. ATAPDl 392D. ...PETITIONER AND

1. Union of India, Represent by it s Secretary, Ministry of Finance, New Delhi 2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, 'Sansad [Vlarg, New Delhi - 1 10001

3. KOTAK MAHINDRA BANK., Rep. by its Chief Manager, 12-6-21219/1, JAYA COMPLEX, KUKATPALLY

4. SMFG lndia Credit Company Ltd, Rep. by its Chief Manager 3rd Floor, No - 165 Megh Towers, PH Roaci Maduravoyal, Chennai- 600 095

5. VlVlFl INDIA FINANCE (P) LTD, Rep. by its Chief [tlanager Unit A, 9th Floor, MJR Magnifique, Khajaguda X Roads, Raidurgam, Prashant Hills, Hyderabad, Rai Durg, Telangana 500008

6. BOB Financial Solutions Limited, Rep. by its Chief Manager,Behind Diwan Shopping Centre, 2nd and 4th Floor, Baroda House, S.V. Road, Jogeshwari, Mumbai, Maharashtra - 4OO1O2.

7. North East Small Finance Bank Ltd, Rep. by its Chief Manager 1st, 2nd and 3rd Floor, Fortune Central by Atishay, EiyelSne 3, BasisthapLr, Beltola Tiniali, Guwahati, Assam 781028 B. TVS CREDIT SERVICES LIN{ITED,, Rep. by its Chief Manager, TVS Credit Services Limited Second Floor and'third Fl5or, Bristol Toweh, No.10, South Phase, Thiru-Vi-Ka industrial Estate, Guindy, Chennai -600032.

9. Canara Bank, Ground Floor, Rep. by its Chief fvlanager, Plot No.141, Sri Sai Balaji Towers, Mathrusree Nagar, fvliyapur, Telangana 500049

10. KRAZYBEE Services Pvt Ltd,, Rep. by its Chief l/anager, The Royal Stone Park, No. 100, Sakshi Nagar, Pai Layout, Bennigana Halli, Bengaluru, Karnataka - 560016. ,j ...RESPONDENTS 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 an appropriate Writ, Order, or Direction, more particularly in the nature of Writ t>f Mandamus, declaring the action of respondent Nos. 3 to 10 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handLd rr"anner without following the due process of law and in blatant violatlon of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBlt2022-231 108, DOR.ORG.REC.65121.04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative ,rf Articles 14, 19, and 21 of the Constitution of lndia, and consequently clirect the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, ard further restrain respondent Nos. 3 to 10, their agents, recovery igents, eiecutives, managers, or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privaiy of tfre petitioner or his family members, referees or friends, including persisient or anonymous calls, threatehing messages, or physical visits to the petitioner's premises, and further direct respondent No. 2 to enforce the said RBI Circular in lette,r and spirit and to initiate appropriate and stringent action against the errant Officials of respondent Nos. 3 to 10 for violating legal norms, and pending dispot;al of the writ petition, direct the respondent Nos. 3 to 10 not to resort to any coercive measures against the petitioner except through lawful means and in s;trict adherence to the Circular dated 12.08.2022, Counsel for th,e Petitioner: SRI MIRYALA ANUSne Counsel for the Respondent No 1 : SRI K ARVIND KUMAR SC FOR CENTRAL GOVERNMENT REPRESENTING SRI N. BHUJANGA RAO Deputy Solicitor General of lnclia Counselfor the Respondent No 3 : SRI B SRIHARI Counselfor the Respondents No 2,4To 10 : NONE APPEARED The Court macle the following: ORDER ,a TI{E HON'BLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT No.291 of 2025 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, for respondent No.1, Sri B.Srifr"ri, learned counsel for respondent No.3. 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 covered 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 ! I petition as well. The operative portion of the said order reads as under: "8. For ttre aforesaid reasons and as the procedure adopted by the respondent Nos.4 to Z for r""o.r.i, of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2L of t]le 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 amounts, shall strictly follow the guidelines and instmctions issued by the Reserve Bank of India and also the judgments of the Honble supreme court in ICICI Bank Ltd Vs. Prakash Kaur's case (f supra) and ICICI Bank Vs. Shanti Devi Sharma,s case (2 9. With the above said direction, the writ petition disposed of." ".rpr.i. 1S l I I 1 2 Learned Standing counsel for respondents have no objection to the

5. Ac:corclingly, in terms of the order passed by this Crrurt in W.P.No.52OO ol2024, dated 25.04.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupulotrsly follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated L2.O8.2O22 and also the judgments of Honble Supt'eme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts frorn the petitioner. No costs. Pending mipcellaneous applications, if any, shall stand closed. I 2 (2007t,. (2008) 2 SCC 711 7 SCC 532 \ SD/. P.C. SULEKHA DEVI REGISTRAR //TRUE COPY// SECTION OFFICER To, \

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

3. The Chief Manager, KOTAK MAHINDRA BANK, 12-6-21219/1, JAYA CONTPLI=X, KUKATPALLY

4. The Chief Manager, SMFG lndia Credit Company Ltd, 3rd Floor, No - 165 t\4egh Towers, PH Road [\/aduravoyal, Chennai --600 095

5. The chief Manager, vlv!F_l INDIA FINANCE (P) LTD, Unit A, 9th Floor, MJR Magnifique, Khajag^uda X Roads, Raidurgam,-Piashant Hiils, Hyderabad, Rai Durg, Telangana 500008 \ 6- The chief Manager, BoB Financial solutions Limited, Behind Diwan shoppins centre, 2nd and +ttr riotismd;H1ffi, bV. H;;;, ffieshwari, Mumbai, Maharashtra - 4OO1O2.

7. The chief Manager, Ngrth East smalt Finance Bank Ltd, 1st, 2nd and 3rd Floor, Fortune cerga_r!-v^Atishay, ayeiure s,-eZlistnapur, Bertora Tiniari, Guwahati, Assam 7S1Oig 8. ThE ChiEf MANAgET, TVS CREDIT SERVICES LIMITED, TVS Crcdit SCTiCCS Limited Second Fbor and Third floo,: eii.lof-fiW"r.. No.10, South phase, Thi ru-Vi-Ka i nd ustria r E state, c u i nov,'cd;; i -"obbosz. 9. The chief fvranager, canara Bank, ?rot No.141, Sri Sai Baraji rowers, Ground 10. The chief N4anager, KRAZYBEE services pvt Ltd, The Royar stone park, Floor, Mathrusree Nagar, tvliyapur, fefingini'SOiO+g No. 100, Sakshi-Nagar, pai t-avout, ii"*igin; -n-*Jfti, 560016. . a"ngaruru, Karnataka _

11.One CC to SRI M|RYALA ANUSHA Advocate [OpUC] 12. one cc to SR|N^B_HUJANGA RAo Deputy soricitor Generar of lndia Advocate [OpUC]

13.One CC to SRt B.SRIHAR| Advocate tOpUCl 14,Two.CD Copies D.N TJ i I I '.r.i ,d HIGH COIJRT DATED:1'111112025 \ ORDER \ WP.No.29104 of 2025 llit: r,; () 2 0 r[B 2026 * * \ \ ( d DISPOSE:D OF THE WRIT PETITION WITFIOUT COSTS q(' i. ; I Il L f ;,1ji. ; I ..