Jagadesh Durga Prasad Katta v. 1. Union of lndia

5. AXIS BANK, Rep. by its Chief Manager Ground Floor, Sriven Mall, Miyapur Rd, J.P. Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 500049. ...RESPONDENTS 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 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 5 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handed manner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 1210812022 bearing No. RBll2O22-2311O8, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction 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 5, their agents, recovery agents, e:(ecutives, managers, or any person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privacy of the petitioner or his family members, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to th6 petitioners premises, and further direct respondent fuo. 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 s for violating legal normsl and pending d isposal of the writ petition, direct the respondent Noi. 3 to 5 not to resort to ;lny coercive measures against the petitioner except through lawful means and in strict adherence to the Circular daled ,l2tOgt2O22 Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No.l: SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia Counsel fr)r the Respondent No.5: DR. M.p. KASHYAP Counsel frrr the Respondent No.2 to 4: - - - - The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAI(A IIIRIT PETITION No.31 A72 of 2025 ORDER: Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner; Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia for respondent No.l and Dr. M.P.Kashyap, learned counsel for respondent No.5.

2. When the matter is taken up for hearins, 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.52O0 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: I i I i 1 I : i ! I i I t I "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 viol- tion of the rights guararlteed 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 Devl Sharma's case (2 supra). 9. With the above said direction, the writ petition is disposed of."

3. Learned counsel for respondent Nos.l and 5 have no objection

4. Accordingly, in terms of the order passed by this Court in W.P.No.52O0 of 2024, dated 25.04.2024, and for the rcasons alike, this writ : r { { { 2 petition is rlisposed of directing the respondent authorities and their agents to scrt-lpuftlusly follow the guidclines/instructions issued by the Reserve Bank of Incia in its circular dated r2.o8.2o22 an<laiso the judgments of Honble supreme court in rcICI Bank Ltd. v. prakash Kaurrls case and rcrcr Banrk v- shanti Devi sharmar2s case, r,vhile recovering the loan amounts fnrm the petitroner. Perrding miscellaneous applications, if any, shar stand closed. No costs. Sd/.L.VIJAYA LA)(MI ANT REGISTRAR //TRUE COPY// OFFICER Delhi. (RBl),6, Sansad Marg, \ To,

1. 2

3. The Chief Manager, HDFC BANK Ltd., PN 26,331A and 34/B, Gr Flr, Delta 4. The Chief Manager, SBI Cards and Payments Services Limited (SBl Cald), House, Sy No 68, Allwyn Cross Road, Miyapur, Hyderabad - 500049 DLf: Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12th Floor, Gurugram, HR - 122002

5. Ther ehlef Manager AXIS BANK, Ground Floor, Sriven Mall, Miyapur Rd, J.P. Na1;ar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Tel;angana 500049.

6. Onr: cC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC] 7. On,: CC to DR. M.P. KASHYAP, Advocate [OPUC] 8. Ona CC to SRI N. BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC] 9. Twc CD Copies \ BN PMK $,- t (2007) 2 SCC? tl 2 (2008) 7 SCC s32 t o t * lHE S 1 6 HAR 2026 * HIGH COURT DATED i1011112025 ORDEIR WP.Ncr.31872 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ *