✦ High Court of India · 14 Nov 2025

Reserve Bank of India and also the judgments of vs Learned Standing Counsel did not dispute the submissions of

Case Details High Court of India · 14 Nov 2025
Court
High Court of India
Decided
14 Nov 2025
Bench
Not available
Length
1,109 words

Acts & Sections

fiegqapali_ Ravi Sankar, Age- 45 years, Occ- Pvt Employee R/o G-3 Srinivasa H-e!g.t1ts, Kliqlnaja Hills, N R I College, Kowsalya Coiony, Bachpalle, Medchal - Malkajgiri, Telangana - 500090 AND ...PETITIONER Sansad Marg, New Delhi - 110001 East, Mumbai, Maharashtra- 400051 . Qhanda Nagar, Hyderabad, Telangana 500050 Ugusg, Sy No 68, Allwyn Cross Road Miyapur, Hyderabad - 500049 1 Union of lndia, Represent by its secretary, tvlinistry of Finance, New Delhi 2. Reserve Bank of lndia (RBl), Represent by its chief General Manager, 6, 3. lclcl BANK, Rep. by its chief NIanager, c-59, Bandra Kurla complex,'Bandra 4. HDFC BANK, Rep by its Chief Manager PN 26, 33/A and 3418., Gr Flr, Delta 5. RBL Bank, Rep. by its Chief Manager Shop no 5-4110 & 54111 Ground floor, 6. BAJAJ FINANCE, Rep. by its Chief Manager, 6th Floor, Bajaj Finsery Copqrate Office, Pune- Ahmednagar Road, Viman Nagar, Pune, M-aharastri - 411014. 7. NDX P2P Private Limited, Rep- by its Chief Manager, 1st Floor, 8-104, The Qube C.T.S.No.1498, A/2, M.V. Road, Hasan Pa-da Road, Mittal lndustrial Estate, MarolAndheri (East), Mumbai, Maharashtra 400059 8. Newtap Finance Pvt Ltd, Rep by its Chief Manager 03A 102-8, Wework (Enam Sambhav), C-2O, G Block Rd, G Block BKC, Bandra Kurla Complex, Bandra East, Mumbai, Maharashtra, 400051 9. KRAZYBEE Services Private Limited, Rep. by its Chief Manager, The Royal 9tone Park, No. 100, Sakshi Nagar, Pai Layout, Bennigana Halli, Bengaluiu, Karnataka - 560016. l

10.The Catholic Syrian Bank, Rep. by its Chief Manager 3-3-12, Rashtrapati Rd, 6glma Basthi, General Bazaar, Kalasiguda, Secunderabad, Telangana 500003 11.ADITYA BIRLA Finance Ltd, Rep. by its Chief Manager, One World Center, fower 1, 18th F!o9I, Jupiter Mills Compound, 841,-Senapati Bapat Marg, Elphinstone Road, Mumbai- 400091. 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 ..RESPONDENTS 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 11in attempting 1.o recover amounts from the petitioner in an arbitrary, illegal, and high-handecl manner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBll2o22-2ill 108, DOR.ORG.REC .65121.04.158t2022-23, and further declaring the inactior of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19, and 21 of the Constitution of lndia, and consequently direct 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, and further restrain respondent Nos. 3 to 11, their agents, recclvery agents, executives, managers, or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion intrr the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visi1s to the petitioners premises, and further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 11 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 11 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated 12.08.2022 counsel for the Petitioner: sRl. BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No. 1: SRI N BHUJANGA RAO counset for the Respondent No.6: .*?ilil,T,i3',l"Jlt Counsel for the Respondent No.l1: SRI V. SANTHOSH Counsel for the Respondent Nos. 2to5,7toi0:- The Court milde the following: ORDER General of lndia {' \ t \ \ THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3O429 of 2or25 ORDER: Heard Mr. Bonthu Lokesh Phanindra Reddy, learned counsel :, fur the petifioner; learned Standing Counsel for Central Government for respondent No.1; Mr. Mangulal, learned counsel appearing for respondent No.6 and Mr. V. Santosh, learned counsel appearing for respondent No. 1 1. Perused the record.

2. 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 petition as ',r,e11. The operative portion of the said { I order reads as under: "8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2L of the Constitution of lndia, 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 instructions issued by the Reserve Bank of India and also the judgments of the Hon'ble 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, petition is disposed of." the writ { { 2

3. Learned Standing Counsel did not dispute the submissions of learned <:ounsel for the petitioner.

4. In terms of the order passed by this Court in W.P.No.5200 of 2024, de.ted 25.04.2024, artd for the reasons alike, this writ petition is dispos;ed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI Circular dated

12.O8.2C'22, and also the judgments of Honble Supreme Court in ICICI Ba.nk Ltd Vs. Prakash Kaur and othersl and ICICI Bank Vs. Shanti Devi Sharma and others2. f'ending miscellaneous applications, if any, shall stand closed. Nfo costs. sbt-a.H.s. cowRl SHANKAR --. .ASiiSTANT REGISTRAR \ To, ,,TRUE COPYT' SECTION OFFICER The Secretary, Union of lndia' Ministrv of Finance' Nery Delhi rhe chief Generat Manager, n"r"rJd";i';.i;ai" (RBl) 6, Sansad Marg' p HAN r N DRA REp Dy Advocate t9-q u cl HII 33[ 3l?:33-rE Ir. I-grESH ont: cc to sRl. N'EiitJXItiGA.*4q ililil Sori"itb' ceneral of lndia-[oPucl onr> cc to sRl. R:tuixlicuLAi,.no'o"bt9i9199f il;; cc io snr. v' SArlrbsH, Advocate [oPUC] Tw> CD CoPies

1. 2.

3. 4 5 6 7 B I\4 BSqr I t2007)2scc7tl 2 (2008) 7 sgq.Ji32 4lF HIGH COURT NBK J DATED 11411112025 ORDER WP.No.30429 of 2025 ISPOSiING OF THE WRIT PETITION D WITHOIJT COSTS s .N> w6

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