The High Court · 2025

AXIS BANK, Rep by its Chief Manager Ground Floor, Sriven Mall, Miyapur Rd, JP Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 500049 KOTAK MAHINDRA BANK., Rep. by its Chief Manager, 124-2121911, JAYA COMPLEX, KUKATPALLY lclcl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, PIot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032 TATA CAPITAL, Rep. by its Chief Manager, 11th Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai, Maharastra - 400013. YES BANK, Rep by its Chief Manager Ground Floor, Shop No.11, 77, NH 65' Jawahar Colony, Chanda Nagar, Hyderabad, Gouthami Nagbr Telangana 500050 'Colony, ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cou( may be pleased to issue an appropriate Writ, Order, or Direction' more particularly in the / nature of Writ of Mandamus, declaring the action of respr;,dent Nos. 3 to 8 in attempting to recover amounts from the petitioner in an arbi:r lry, illegal, and high- handed manner without following the due process of law an j n blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bea'i 9 No. RBll2O22-231 108, DOR.ORG.REC.65/21.04.15812022-23, and further d€( aring the inaclion of respondent No. 2 in enforcing the said Circular as unconstitr ional and violative of Articles 14, 19, and 21 of the Constitution of lndia, and c: rsequently direct the respondent authorities to refraan from undertaking any oercive or unlawful recovery measures against the petitioner and to strictly omply with lhe due process of law and the aforesaid Circular in all recovery prr;eedings, and further restrain respondent Nos.3 to 8, therr agents, recovery' agents, executives, managers, or any person acting on their behalf from eng )ging in any acts of intimidation, harassment, humiliation, or intrusion into the pr vacy of the petitioner or his family members, referees or friends, including pets stent or anonymous calls, threatening messages, or physical visits to the petrt, rner's premises, and further direct respondent No. 2 to enforce the said RBI Cirr; Iar in letter and spirit and lo initiate appropriate and stringent action against 1re errant officials of respondent Nos. 3 to 8 for violating legal norms, and pend r g disposal of the writ petition, direct the respondent Nos. 3 to I not to resort to ,) y coercive measures against the petitioner except through lawful means and in s rict adherence to the Circular daled 1 2.O8.2O22 Counsel for the Petitioner : SRI BONTHU LOKESH PHANT {DRA REDDY Counsel for the Respondent No. 't: SRI N. BHUJANGA Rtr, ) Deputy Solicitor General of lndia Counsel for the Respondent No. 5 : SRI V. SANTOSH Counsel for the Respondent Nos. 2 to 4, 6 & 7 : --- The Court made the following: ORDER Y THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.31363 of 2025 ORDER: Sri B. l,okesh Phanindra Reddy, learned counsel for the petitioner, Sri N. Bhujanga Rao, Iearned Deputy Solicitor General of India, for respondent No.1 and Sri V. Santosh, learned counsel for respondent No'5 2 Despite service of notice, none appeared for remaining respondents'

3. When the mattcr is taken up for hearing, learned counsel for petitioner submitted that rhe issue raised in this writ Petition is squarely covered by the order passed bv this Court in W.P.No'5200 of 2024, dated 25.04.2024 and thcrefore, the samc order may be passed in this writ petition as weII. The operative portion of the said order reads as under: "8. For lhe aforesaid reasons ald as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan .rno,...rt from the petitioner, amounts to violation of the rights guaranteed under Articles 14 ajtd,2l of the Constitution of india, this Court dccms it appropriate to direct the respondents, to ensure that the agents engaged by them for ...or.ry of the loan anounts, shall strictly follow the guidelines and instructions tssued by the Reserve Bank of India and also the judgments of the Hon'Lrle Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (1 supra) alrd ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). 9. With the above said dircction, the writ petition is disposed of."

4. lrarned counsel lor respondent Nos.l and 5 have no objection

5. Accordingty, in terms of the order passed by this Court in 2 W.P.No.520O of 2024, d,ated 25.04.2024, and, for the re rsons alike, this wril petition is disposed of directing the respondent autho- ,ies ,nd their agents to scrupulousrS', folrow the guidetines/ instructions rs r r-red by the Rese rve Bank oi tndia in its circular dated r2.og.2 022 anc) ir so rhe judgments of Honble Supreme Court in ICICI Bank Ltd. v. praka.r h Kaur,rs case and ICICI Bank v. Shanti Devi Sharma,2s case, whilc recovering the loan amounts from the petitioner. No costs_ Penciilg misceUeneous applications, if any, shrl ytand closed. I Clooe) ?' scc n\t I (r,ooB) 1 5cc 531- To, //TRUE COPY// Sd/-B. REKHA RANI A{i irsTANT REGTSTRAR '1 \,'.,- dtcrroru oFFrcER "/ 1 2 3 KUKATPALLY Secretary, Union of lndia, Ministry of Finance, New Di,l rr Chief General Manaoer. Reserve Bank of lndia (RBtr, 6, Sansad Marg, New Delhi - 110001 Ctief Managgr, HDFC BANK, .1st Floor, C.S_ No. ( /242, Senapati Bapat Marg, Lower Parel, Mumbai, Uinarastra _ aOOOia"' 4 Chief Managel AXIS BANK, Ground Floor, Snver Nagar, CG Employees C6lony, Mayuia'N"g;;: Telangana 500040 ' Vall, Miyapur Rd, Jp Miyapur, Hyderabad, 5 9.h.iglUgfger, KoTAK MAHTNDRA BANK.. 12-6_2t2.3/1, JAYA coMpLEX, 6. chief. Manager, rcrcr Bank, rcrcr Bank rowers, Fir i .rciar Dist, ptot No 12 7. Chief I\{anager, TATA CAPITAL, .l 1th Floor, Tower , ,, peninsuta Business Park, Ganpalrao Kadam Marg, r,i*"i-parei, Vrr-uu], t unrrastra _ 400013. 8. Chief Manager, yES BANK, Ground Floor, Shop No 11 27, NH 65, Gouthami i,t5g;; r yderabad, Tetangana 9. One CC to SRt BONTHU LOKESH PHAN|NDRA REt) )y, Advocate [OpUC] 10. One CC to SRt N BHUJANGA P.AO Deputy Solicitor General of India Advocate [OpUC] Nanakramguda, cachibowti,'Hyderab;J, TeG;;;i.,u S j rOaz N€garoCotony, Jawahar cotony, -Cnind; PvL 1 1. One CC to SRt V. SANTOSH, Advocate [OPUC] 12.Two CD Copies t(-e I f. o ( { tr S 6 o '-)t i I,', 1 ,0rc ( , 2 c)t t r\. - -rGC \-.....---' * HIGH COURT DATED:1911112025 ORDER WP.No.31363 of 2025 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS IY J-rs 1r[-lre .