The High Court · 2025

Union of lndia, Represent by its Secretary, Ministry of Finance' New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager' 6' Sansad Marg, New Delhi - 110001 HDFC Bank Limited, Rep by its Chief Manager, No 1/10/60/3' Suryodaya' Begumpet, Hyderabad' Telangana 500016 SBI Cards and Payments Services Ljmitgd- (QBl .Card)' RgP'-.by iE Chief [/;;ro"t. 4 olF Cv5"t Citv, lower C, Block 2,'Building 3 DLF lnfinity Towers' 12,1i Floor, Gurugram, HR- 122002. IDFC FIRST Bank Limited, Rep by its Chief Manag chambers, No 'l -1 0-63/1/1 , opposite- . Shoppers S Begumpei, Hyderabad, Telangana 5000'l 6 er, Ground Floor, veer top, Chikoti Gardens, EJtate,-rrl j.L And heri (East), M umbai, Maharashtra 400059'

6. NDX P2P Private Limited' Rep, bf its-Chief Manager 1st Floor' 8-104' The " o[rl'c.r.b.i,i6.i+s8, A#, r\^'.v fu"d,_ltaian pada Road, Mittal lndustrial 7. YES BANK, Rep by its Chief Manager Ground Floor, Shop No 11' 77' NH 65' '' 6;r;ilbi' Ni;Hi c;r6iiv,' i.;t'idai botonv, chanda'Nagar' Hvderabad' 8. INCRED FINANCIAL SERVICES LIMITED, Rep by its Chief Manager 4th Floor. BRR Complex, HSBC Brilding, lnored' Finance, Raj Bhavan Rd' Somd;iguda, Hydetabad, Telangana 500082 Telangana 500050 -crririui

9. RBL Bank, Rep. by its Chief Manager Shop-no 5-4110 AND 5-411 1 Ground - irb;, .'oRyt?-;f tiagdr, Hvderabad, Telangana 500050 '?51?0,i*""sh1kl?;"i'rlE"#""'.y8f f "{f^"#'*,i'B"hy#: Andheri(East),'Mumbai - 400059' Maharasthra' -- '1 I.BAJAJ FINANCE LIMITED, Rep. by its Chief Mana Flnserv ()orporate Office, Pune-Ahmednagar Road, Maharastra - 411O14. ger, 6th Floor, Bajaj Viman Nagar, Pune,

12.DMl Finance Private Limited, Rep- by its Chief Manager, Express Building, Third Floor, 9-10, Bahadur Shah Zafar Marg, New Delhi - 1 10002.

13.Early Salary Services Pvt Ltd, Rep. by its Chief Manager, UNIT No. 404,THE CHAMBE.RS VIMAN NAGAR NA, PUNE, Pune, Maharastra ...RESPONDENTS Petition rnder Article 226 of the Constitution of india 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 ,rf Mandamus, declaring the action of respondent Nos. 3 to 13 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handed rnanner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBll2O22-2311()8, 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 tl're due process of law and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 13, their agents, recovery agents, execLrtives, 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 the petitione/s prermises, and further direct respondent No. 2 to enforce the said RBI Circular in lettr:r and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 13 for violating legal norrns, and pending disposal of the writ petition, direct the respondent Nos. 3 to 13 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: SRI BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No.1: SRI KALVALA SANJEEV, S.C. FOR CENTRAL GOVERNMENT Counsel for the Respondent No.5: SRI B. SRI HARI Gounsel for the Respondent No.8: SRI SHAKAPURAM RAMESH Counsel for the Respondent No.11: SRI ANAND MASNA Counsel for the Respondent No.13: SRI M. DEVENDER REDDY The Court made the following: ORDER IN THE; HIGH COTJRT FOR THE STATE OF TELANGAT{A AT - HYDERABAD THI} HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3i634 of 2o25 DATED 2A.IL.2O25 Between: Attelii Charan Kumar ...Petitioner AND Union of [n,lia, Representerl by its SecretarSr Ministrv of Finance, New Delhi and 12 otht:rs. ...Respondents THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3 L634 of 2025 ORDER: Heard Sri Bonthu Lokesh Phanindra Reddy, Iearned counsel for petitioner, Sri Kalvala Sanjeev, learned Standing counsel for Central Government for respondent No.l, Sri B.Sri Hari, Iearned counsel for respondent No.5, Sri Shakapuram Ramesh, learned counsel for respondent No.8, Sri Anand Masna, learned counsel for respondent No.l l and Sri M.Devender Reddy, learned counsel lor respondent No.l3. Perused the record.

2. Despite service of notice, none appeared for remaining respondents

3. When the matter is taken up for hearing, learned counsel for petitioner submitted that the issue raised in this Writ Petition is squarely \ I 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 th -' said ordur 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 io 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 l(aur's case (1 supra) and ICICI Bank Vs. Shanti Devi Sharrna's case.i2 supra). 9. With the above said direction, the writ petition is .., :ot"oosed of'" *, u t \-:. t Z -

4. Lcarnecl counsel for respondent Nos.l, 5, 8 I I and 13 have no objection. :.

5. Accordingly, in terms of the order passecl by this court in W.P.No.5200 of 2024, dated 25.O4.2024, and for the reasons alike, this writ petition is disiposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of Indie in its Circular dated 12.O8.2O22 and also t}'re judgrnents of Hon'ble Supt'eme Court in ICICI Bank Ltd. v. Prakash Kaur'ls casc and IcIcI Bank v. shanti Devi Sharma'2s case, while recovering the loan amounts frorn the petitl-lner. No costs. Pending miscellaneous applications, if any, shall stand closed To //TRUE COPY/ SD/.K.MADHAVI ASSISTANT EJ=GISTRARe SECTION OFFICER

1. The Ser:retary, Ministry of Finance, Union of lndia, New Delhi 2. The Chief General Manager, Reserve Bank of lndia (RBl), 6, Sansad Marg, New Derlhi - 110001 The Chief fvlanager, Begum;ret, Hyderabad, 3 4 HDFC Bank Limited, No.1/10/60/3, Telangana 500016 Suryodaya, The Chief Manager, SBI Cards and Payments Services Limited (SBl Card), 4 DLF Cy'ber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 12,1iFl6or, 1 Gurugram, HR - 122002. t (2007)2scc711 , (2008) 7 SCC 532 5 ji;{#lil:",;iI?'fB'.',5i"''ri:?1' Sr'il'?'d??!'H:' 3!6ffiill' 'd wd*'idjir.up r n?r'l;]r*"T* "'$]?"" 6 $: ffi,; I iffi I ! '+,}::ffi,\ffi"',"'oJf&''3:h'no#tS'"'"'i'"'"n?X"oBt'?Jl;'''i;'!['33' H?i"h srio *x si?lli'f"sl 0 AN D 5' 4 t 1 1 G ro u n d .o o r' t' {#Nj#l,;u,l13tr# ""'x'8il31'?? e l[:f.:' il,Utl ?.n,"J;,:B]. :fl':'" 3l'15 ut"o 3;3" "i?;.Ht#h',,*lMrdfr fi:L['?Jtn?"K'r15]i"ky*'H""1: 11rhe"nr",Iil,ifl?t,ffi :l['r#x'r,trg:'J:::,'.?fl*:?'*-',,".E?11* Bu*dins' rhird Office, Pune ,, H?,:SIf,UXtX%il S.Y,\ ::Ult^""4'[il;, H$'l':li '=otoof:' Unit No 404' rhe 13rhe ' Chambers ffru:fr','i'*'hlo' 't*i,llfilfir*lr5i{X,Bilftt l4.oneCCtoSRtBoNTHULoKESHPHANINDRAREDDY,AdvocatetoPuc] l5.oneCCtoSRlKALVALASANJEEV,S.C.forCentralGovernment[oPUCl 16.One CC to SRI B' SRI HARI' Advocate [OPUCI 17'One CC to SRI SHAKAPURAM 18.One CC to SRI ANAND MASNA' Advocate [OPUCI 19.One CC to SRI M' DEVENDER REDDY' Advocate [OPUCI RAMESH' Advocate IOPUCI

20.Two CD CoPies MP HIGH COURT DATED i281111202s ORDER WP.No.31634 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS , t' o\ ,i.E ^p _ ^cp\ (S') * /.tofl --d(d lK-4(" d