✦ High Court of India · 14 Nov 2025

Reserve Bank of India and also the judgments of vs Learned lltanding 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
1,026 words

'1. The Union of lndia, Rep. by its Secretary, Ministry of Finance, New Delhi 2. The Reserve Bank of tndia, Rep. by its Chief Chii?f Manager, 6, Sansad Marg, 3. Kotak 1v!9n1nOg Bank, Rep. by its Chief Manager, 27 BKC, C 27, G Block, . Pel9l_a.rygtq Comptex, Bandra (E), Mumbai, Ma'haiashtra, 46005i. 4. INDUSIND Bank Limited, Rep. By its Chief Manager, 1-248, Upper Ground Floor, Miyapur Cross Roads, Bollaium, Telangana --SOOOSZ. ' ' 5. HDFC BANK Ltd., Rep by its chief Manager PN 26, 33/A8634/8, Gr Fir, Detta 6. Bhanix Finance and investment Ltd., Rep by ils Chief Manager 5th Floor, Paville.House, Twin Tower Lane, Off Veei Savarkar Marg; prabhadevi; Mumbai - 4OOO25 7. IDFC First -Ban( Eep, by its Chief Manager, IDFC FIRST Bank Ltd, The Square, C-61, G Block, Bandra-Kurla Complex, Bandra (East), Munibai - 400051. 8. AXIS BANK, Rep_by its Chief Manager Ground Floor, Sriven Malt, Miyapur Rd, JP Nag_qr,,CG Employees Colony, Mayuri Nagar, Miyapur, HyAeriOhO, Telangana 500049 9. Agilyq Birla Capital Ltd., Rep. by its Chief Manager, M No 7t1t24l1tRT/10.1 to - 194,lCt Floor, Roxana Towers, Greentand, Begumpet, Hyderabad - 500016. 10. FEDERAL PAN(,_Bgp, by its Chief Manager, Fost Boi. .i03, Federat Towers, 11. p.BI Cards.and Paym-ents Services Limited (SBl Card), Rep. by its General Manager, Unit Nos 3C 3D and 3E, 3rd Floor, eueens Plaz-a, Sp Road Secunderabad, Telanqana - 500003. 12.TATA Capital. finacial-services pvt. ltd., Rep by its Chief Manager 3,4, Auto Plaza, 5866, Venkateshwara Hills Colony Lh, ripposite VST Coiony, lVirrtfr H Bloc-k, _Journalist Colony, VST Colony, Hyderabad, t'etangana 500082. Aluva, Kerala, - 683101 . -punjajJtta,

13. RBL BANK.LIMITED, Rep. by its Chief Manager, D No 63865,- Ground Ftoor, .lly Home Jupally Complex opp Green park; Hotel Green Linds, Ambarpel Road, Hyderabad, 500016. l4.Ktazybee Services Private Limited, Rep by its Chief Manag_er, 3rd_Floor,. No. 128/j, Maruthi Sapphire, HAL Airport Rbad, Murugesh Palya, Bangalor6, Karnataka - 560017.

15. Early Salary Services Private Limited, Rep. by its Chief Manager Unit No. 404,fhe Chambers, Viman Nagar, Pune - 411014

16. Navi Finsery Limited, Rep. by its Chief Manager, 2nd Floor, Vaishnavi Tech Squ;rre, lballur Village, Begur Hobli, Bengaluru, 560102 ...RESPONDENTS Petit on under Prrticle 226 of the Constitution of lndia praying that in the circumstanrres stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not controlling the agents who harassing the petitioner and his family by the respondent; Nos. 3 to 16 (bank authorities and financial institutions) is illegal, arbitrary, violation of the principles of natural justice and blatant violation and as well as Rules framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to hara:;s the petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos. 3 to 16 to follow Circular dated 1 2.08.2022 vide RBll 2022- 231 1 08, DOR.ORG. REC.65/2 1 .04. 1 5812022- 23 issued by re,spondent no.2. Counsel for the Petitioner: SRl. M. KESHAV YADAV Counsel for the Respondent No. 1: Ms. B. KAVITHA YADAV (CENTRAL GOVT COUNSEL) Counsel for the Res No.3: SRI HARI BATHINA Counsel for the Res dent No.15: SRI M. DEVENDER REDOY Counsel for the Res dent No. 2,4to14 &16: - The Court rnade the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A UIRIT PETITION No.3O51O of 2o25 ORDER: Heard Mr. M. Keshav Yadav, learned counsel for the petitioner; learned Ctanding Counsel for Central Government for respondel.t No. 1; Mr. Sri Hari Bathina, learned counsel appearing for respondent No.3 and learned counsel appearing for respondent No.15. 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.5200 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 loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2l of the 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 instructions 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 (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." { t 2

3. Learned lltanding Counsel did not dispute the submissions of learneC counseI for the petitioner. In terms of the order passed by this Court in W'P'No'52O0 of 4. 2024, dated 25.O4.2:)24, and. for the reasons alike, this n'rit petition is disposed of directing the respo:rdent arrthorities to scrupulously follou, the gr.idelines/instructions in the RBI Circular dated 12.08.2022, and also the judgments of Honble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur and othersl and ICICI Bank Vs' Shanti Devi Sharma and others2. Pending miscellaneous applications, if any, shall stand closed. No cost:;. SD'. ,TTRUE COPY" OFFICER To, f I i rH:8??rifi ir;"r#ih"JJ$'3,#[ll':'/,ir5lT,T:.}"T"FfslNewDe'1hi. N'EL 'Puc lffiH--ffI,ffiu BM BM =--iTzqpz) 2 scc 711 2 (2008) 7 SCC s32 HIGH COURT DATED:1411112025 o E WP.No.3051 of 2025 l lHE.S ( (J 2 I Fr8 2026 )t P.ar' DISPOSING OF THE WRIT PETITION WITHOI.'T COSTS c4rt $v 's\t

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