✦ High Court of India · 14 Nov 2025

Rcserve Bank of India and also the judgments of vs Learned Standing Counsel clid not dispute,le submissions of

Case Details High Court of India · 14 Nov 2025
Court
High Court of India
Decided
14 Nov 2025
Bench
Not available
Length
1,308 words

Acts & Sections

Cited in this judgment

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 30387 OF 20 25 Between: Gaddamedi Venkata Sai Sudharshan, S/o. Gaddamedi Venkata Subbaiah, Age. 28 yeals, Occ. Job Searching, N o. 31157, Kethavaram village, Kethavaram, Chapadu Mandal, y.S.R District, Andhra pradesh - 516172 AND ...PETITIONER -Road, Sansad l\,4arg, New Delhi - 110001 Shopping. Centre, 2nd and 4th Floor, Baroda House, S V. IVlumbai, Maharashtra - 4OO1O2.

1. Union of India, Represent by its Secretary, Ministry of Finance, New Dethi 2. Reserve. Bank o[ lndia (RBl). Represent by its Chief General I\,4anager, 6. 3 YES BAN(, Rep by its Chief Manager Ground Floor, Shop No.11, 27, NH 65, GouthamSi_ N_a-g_ar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050 4. BoB Financial Solutions Limited Rep. by its Chief tvlanager, Behind Diwan Jogeshwari. 5 LqlC! .Bank, . Rep. by its Chief Manager, lclcl Bank Towers, Financiat Dist, ^ fitol_\o_tZ Nanakramguda, Gachibowli, Hyderabad, Tetangana 500032 6 HDFC Bank Limited, Egp. UV its Chief Manager, No 1i1bi60l3, Suryodaya, Begumpet, Hyderabad, Telangana 500016 .S.B I Cards^and fayme_nts Services Limited (SBl Card), Rep. by its Chief 7. Manager, State Bank of lndia Credit Cards Unit Nos 3C 3D and 3E 3rd ftoor Queens Plaza 18382 Queens Plaza SP Road Secunderabad Telangana500003 8. RBL Bank, Rep. by its Chief Manager Shop no S-4t10 and 5-4111 Ground , floor, Chanda Nagar, Hyderabad, Telangana 500050 9. Axis Bank, Rep by its Chief Manager Fatepuria Towers, St4t186, lvlahatma Gandhi Rd, Karbala Maidan, Rani Guhj, Hyderabad, Secunderabad, Telangana 500003 10. IDFC FIRST Bank Limited, Rep by its Chief Manager, Ground Floor, veer chambers, No 1-1 0-63/1/1 , opprisite Shoppers Stop, Chikoti caidens, Begumpet, Hyderabad, Telangana 50001 6 1 1 INDUSIND Bank Limited, Rep by its Chief Manager 1-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram,- Telanqana 500052

12. Kotak Mahindra Bank Limited, Rep by its e hief Manager, Jewel pawani f9y_e1pat !0S I 1l PG2, Somajiguda, Hyderabad, Tetangana 500082 I3.KISETSU SAISON FINANC_E PBIVATE LTD, Rep. b-y its Chief tvtanager, F{OlUg Lexington Tower, First Floor, Tavarekerd Main Road, Tavarek6re, S.G. Palya, Bengaluru, Karnataka 560029. 14.Pay U Finance lndia Priv-ate Limited, Rep by its Chief Manage Empresa Building, Officer No. 102 Second Road, Khar'West, Mumbai, Maharshtra - 400 052 --=g

15.Canara Bank, Rep by its Chief Manager, 1-57,/:( 31, 36, 39 to 41 UNIVERSAL FURNITURE BLDG, Rajiv gandhi Nagar, ( achibowli, Telangana 500032 ...RESPONDENTS Petition under Article 226 of the Constitution of lrrrl crrcLrmstances staied n the affidavit filed therewith, thrr pleased to lssue an aporoprlate Writ, Order, or Direction, r'r nature of Writ of lVandamus. declaring the action of resprl attempting to Tecover amounts from the petitioner in an high handed manner r,vithout following the due processi c vrolation of the Reserve Bank of lndia Circular dated 1L RB\I2022-23I 1 0I, DOR.ORG REC.65/21 .04. 1 5812022-23, the inaction of respondent No. 2 in enforcing the said Cir<;r I and violative The Articles 14, 19, and 21 of the Cons t consequently direct the respondent authorities to refrain f coercive or unlaw,ful recovery measures against the pe i comply with the due process of law and the aforesaid C i r praying that in the High Court may be rre particularly in the Cent Nos. 3 to 15 n Lrbitrary, illegal, and law and in blatanl )8.2022 bearing No. rnd further declaring r as u nconstitution a I .ution of lndia, and cm undertaking any oner and to strictly :ular in all recovery proceedings, and further restrain respondent Nos. 3 to 15, I agents, executives, managers, or any person acting c engaging in any acts of rntimidation, harassment, humiliati< r privacy of the petitioner or his family members, refereelr persistent or anonymous calls, threatening messages, or petitioner's premises, and further direct respondent No. 2 t r reir agents, recovery r their behalf from or intrusion into the cr friends, including hysical vis its to the enforce the said RBI Circular in letter and spirit and to inrtiate appropriate and s:r the errant officials of respondent Nos. 3 to '15 for viola.i pending disposal of the writ petition, direct the respondeni resort to any coercive measures against the petitioner 3 means and in strict adherence to the Circular dated 12.08.2( Counsel for the Petitioner: SRl. BONTHU LOKESH PHANI ! Counsel for the Respondent No. 1: SRI N. BHUJANGA RAC Deputy Solicitor Ge r Counsel for the Respondent No.5: SRI SUDHARSHAN N/\ Counsel for the Respondent No.9: SRI M.P. KASHYAP Counsel for the Respondent No.10: SRI HARI BATHINA The Gourt made the following: ORDER ngent action against g legal norms, and Nos. 3 to 15 not to cept through lawful

22. )RA REDDY rral of lndia IAHARI i I I I.i I I i THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3O387 of 2025 ORDER: I{earcl itlr. Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner; learned Standing Counsel for Centrai Government for responclent No.I ; Mr. Sudharshan Narahari, learned counsel appearing for respondent No.5; Mr. M.P. Kashyap, learned counsel appearing for respondent No.9 and Mr. Sri Hari Bathina, learned counsel appearing for respondent No.10. Perused the record

2. When the matter is taken up for hearing, learned counsel lor petitioner submitted that the issue raised in this Writ Petition is I t squarely covered by the order passed by this Court in W.P.No.52O0 of 2024, datecl 25.021.2 O24 and. therefore, the same order n'iav be { ( passed in thrs r,vrit petition as rveli. 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 Lo 7 for recovery of loan amount from the petitioner, amounts to violation of the rights gr.raranteed under Articles 14 and 2 1 of the Constitution of India, this Court decms it appropriate to direct the respondents, to ensure that the agents engaged by them for recovery of Lhe loan amounts, shall strictly follow the guidelines and instructions issued by the Rcserve 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, the writ petition is disposed of." :l I I ! I l '2

3. Learned Standing Counsel clid not dispute,le submissions of learned counseL for rhe petitioner-

4. In tcrms of the order passed bf' this Court i r W.P.No.520O of 2024, dateC :5.O4.2A?.4, antl lbr the reasons alikc tiris u,rit pctitron is disposed of directing the respondent authoril i,: to scrupulouslv follor'r' the guiclelines / instructions in the RE I Crrcular dated

12.Oa.2O22, ar.ld also the j udgments of Hon'ble ! -rpreme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersl ;r r 1 ICICI Bank Vs. Shanti Devi Sharma and others2. Pending miscellaneous applications, if :r r ', shal1 stald ciosed. No costs. \ 'o'oPsll ilxstH'"t+mg ,,4 //TRUE COPY// SECTION OFFICER To,

1. 2. J, 4 5 Hiss"s11tthr$]strfi [it##H$]rl}"st"#!ehl*rtr:1,""'"' SlySe to SRI HARr BATHTNA' Advocate [oPUCl Two CD CoPtes BM PMK CAE t (2007)2scc711 , (2008) 7 SCC 532 t HIGH COURT DATED:1411112025 ORDER WP.No.30387 of 2025 i:- $TATE \ /: /r/:.'t /. .' i i FtB 2ti2o Icr ) { . !F|^.r,': :.. --' - ::-:r t:jj!, ' DISPOSING OF THE WRIT PETITION WITHOUT COSTS l I l l i 1 I l I I t I I ! I I Ii i I I i i I I I I I I i i ; t I I I : (\tp"x4 ,\ v l"

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