D. Rathi Kanth v. 1. The Union of lndia

11.|DFC FIRST Bank Limited, 4th Floor, Unit No. 4O2, Plot No. GEN/2/1/F, Mindspace Tower, ITC lndustrial Area, IVIIDC Shinrvane, Jui Nagar, Navi Mumbai, Raigad - 400706, Maharashtra.

12.lclcl Bank Limited, ICICI Bank Tower, Bandra Kurla Complex Road, Bandra Kurla Complex, fVlumbai - 400051 , Maharashtra.

13. Standard Chartered Bank, 10, Sansad Marg, Jeevan Deep Building, Ground Floor, New Delhi - 1 10001 . '14. lnduslnd Bank Limited, Solitaire Corporate Park, Building No. B, 8th Floor, Oap- Mirador Hotel, Guru Hargovindji Marg, Andheri (East), Mumbai - 400093. Maharashtra. ...RESPONDENTS Petition under Article 226 of lhe 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.- 1 . declaring the action of the respondent Nos.4 to 14 in high handedly, arbitrarily and illegally trying to recover the amounts from the petitioner by not following Circular dated 12.08.2022 vide RBll2022-231108, DOR.ORG.REC.651 21 .O4.15812022-23 issued by respondent no.2 or any due process of law and the inaction of the respondent no.2 to legitimately protect the interest of the petitioner by duly enforcing Circular dated 12.O8.2022 vide RBll2022-231 108. OR ORG. REC .65 I 21.04.15812022-23 as iilegat, arbitrary and u nconstitutiona I for violating Art 14, 19, and 21 of the Constitution of lndia, 2. direct the respondent nos.4 to 14 to follow Circular dated 12.08.2022 vide RBU2022-231 108, DOR.ORG.REC.65/ 21 .04.15812022-23 issued by respondent no.2,3. direct thr: respondent no.2 to duly enforce the Circular dated 12.08.2022 vide RBll2O22-231 108, DOR.ORG.REC.65 121 .04.158t2022-2 to protect the interests of the petitioner against the respondent nos.4 lo 14,4. direct the respondent no.3 to take stringent action against the errant official of the respondent nos.4 to 14 in unlawfully, illegally and arbitrarily taking to recover the amounts from petitioner without following any due process of law. IAN 1 F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent nos.4 to 14 to not take any coercive measures against the petitioner without following due process of law and mandatorily following Circular dated 12.08.2022 vide RBll2022- 231 1O8, DOR.ORG.REC.65121 .04.15812022 -2 issued by respondent no.2 pending disposal of the writ petition. Counsel for the Petitioner : SRI D.SIVAKUMAR counser ror the Respondent No.'rto3 : sRr.H,i"rJttRtlil;F rNorA Counsel for the Respondent No.4 : SRI V.SaNTHOSH Counsel for the Respondent No.12 : Ms.M.V.KlNl CO ADVOCATES SOLICITORS Counsel forthe Respondent No.13 : SRI B.MANIKANDAN Counsel for the Respondent No.5to11&14 : The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETIT ON No. 293L7 of 2o25 I ORDER: I{eard sri D.Siva Kumar, leerrned counsel for petitioner, sri N.Bhujanga Iiao, learned Government Pleader for Home, for respondent No.3, Sri V.Santhosh, learned counsel for respondent No.4, Ms.M.V.Kini co Advocates solicitors, learned counsel for respondent No.12 and Sri B.Manikandan, r:arned counsel for respondent No. l3.Perused the record.

2. Despite service ol notice, none appeared for remaining respondents.

3. when the matter is taken up for hearing, learned counsel for petitioner submitted that the issur-' raised in .his 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 n'rit petition as '*'ell. The operative portion of the said order reads as under: "8. For the aforesaid rearsons and as thc procedure adoptecl by the respondent N.rs.4 to 7 tor recovery of loan amount from the petitioner, arnounts to r iolation of the rights guaranteed under Articles 14 and 2l of the Constitution of India, this Court deems it appropriate to dir,:ct the respondents, tt) cnsure that the- agents engaged by them for recover-v of the loan amounts, shall strictly follow the guidelines; and instructions issued by the Resen,c Bank of India a.d also thc judgm<:nts of the Honblc Supreme Courr in ICICI Bank Ltd Vs. prakash Kaur's case (1 supra) and ICICI Bank Vs. Shanti Devi 2 - Sharma's case (2 supra). g. With the above said direction, the writ petition is disposed of."

4. Learned Counsel for the respondents does not dispute the submissions of lean ':d counsel for the petitioner- terms of the order passed by this Court in W.P.No.520O of

5. 2024, dated 25.04.2024, and. for the reasons alike, this writ petition is d.isposed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI Circular dated

12.08.2022, and and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'1s case and ICICI Bank v' Shanti Devi Sharma'2s case, r,vhile recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall stand closed. + rt t(raoa ):: cc r izoo8)" gcc..53z To, /TRUE COPY// SD/.P. PONNA KRISHNA ASSTSTANT REGISTRAR @ SECTION OFFICER

1. The Secretary, IVlinistry of Finance, Union of lndia, New Delhi 2. The Chief General lrlanager, Reserve Bank of lndia, 6, Sansad Marg' New Delhi -1 10001

3. The Station House Officer, Amberpet Police Station, Hyderabad' 4. One CC to SRI D.SlVAKUtvlAR, Advocate' [OPUC] 5. one cc to SRI N.BHUJANGA RAO, Deputy solicilor General of lndia, High Court for tne State of Telangana at Hyderabad' [OPUC]

6. One CC to SRI V.SANTHOSH, Advocate' [OPUC] 7. one cc to Ms.M.V.KINl co ADVOCATES SOLICITORS, Advocate. [oPUC] 8. One CC to SRI B.NIANIKANDAN, Advocate' [OPUC] 9. Two CD CoPies. BSK GJP HIGH COURT DATED:1811112025 ORDER WP.No.29317 of 2025 ; a\ I 03 tic A[ i:---:----"' 't- -2' DISPOSING OF THE WRIT PETITION WITHOUT COSTS { j ( {-)