The High Court · 2025

AXIS BANK, Rep by its Chief Manager Ground Floor, Sriven lr/all, Ir/iyapur Rd, J P Nagar, CG Employees Colony, [Vlayuri Nagar, Miyapur, Hyderabad, Telangana 500049 IDFC FIRST BANK, Rep by its Chief firlanager Ground Floor, Plot No 6-7, Survey No 68, Door No 1-121lKzl6-7, Nearby Athidhi Restuarant, Ivliyapur, Serilingampalle (M), 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 [\4andamus, 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 12.08.2022 bearing No. RBll2O22-231 108, DOR.ORG.REC.65/21 .04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unco nstitutio nal and violative of Articles 14, 19, and 21 of the Constitution of lndia, and cotr respondent authorities to refrain from undertaking any c'r recovery measures against the petitioner and to strictly c r process of law and the aforesaid Circular in all recovery proc' restrain respondent Nos- 3 to 5, their agents, recovery managers, or any person acting on their behalf from engit intimidation, harassment, humiliation, or intrusion into the pri I or his family members, referees or friends, including pers s calls, threatening messages, or physical visits to the petitirr further direct respondent No. 2 to enforce the said RBI Circul and to initiate appropriate and stringent action against tltr respondent Nos. 3 to 5 for violating legal norms, and pendin3 petition, direct the respondent Nos. 3 to 5 not to resort to ar1 against the petitioner except through lawful means and in str ;equently direct the ercive or unlawful mply with the due ,edings, and fu rther rgents, executives, ying in any acts of rcy of the petitioner tent or anonymous rer's premises, and rr in letter and spirit errant officials of disposal of the writ coercive measures :t adherence to the Circular daled 1 2.08.2022. Counsel for the Petitioner: SRI NAKKA KIRAN KASH Counset forthe Respondent No.1: SRI N. BHUJANGA RAO DEPUTY SOLICITOR GENEF AL OF INDIA Counsel for the Respondent No.2: SRI M.P. KASHYAP The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32O48 of 2025 ORDER: Sri N. Kiran Kash, learned counsel lor the petitioner, Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for rcspondent No. I and Sri M.P. Kashyap, learned counsel lor rcspondent No.4 2 Despite service of notice, none appeared lor remaining respondents

3. When the matter is taken up lor hearing, Iearned counscl for pctitioner submitted that lhe issue raiscd in this Writ Petition is squarely I \ covered by the order passed by this Court in W.P.No 52OO ol 2024, dated 25.04.2024 and therefore, the same order may be passed in this u'rit I I pctition as well. The operative portion of the said order reads as undcr: "8. For the aforesa-rd reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to vrolation of the rights guarantced under Articles 14 and 21 ol the Constitution o[ India, this Court deems it appropriate to direct the respondents, to ensure that the agetlts engaged by them for recovery of the loan amounts, shall strictly follow the guidelines ard instructions issued by the Reserve Balk 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 directron, the '#rit petition is disposed of."

4. Learned counsel for respondcnt Nos.l and 4 have no objection \ 2 -

5. Accordingly, in terms of the order passed 11. rhis Court rn W.P.No.5200 of 2024, dated 25.O4.2024, and for the reas )ns aliker, this rvrit petition is disposed of directing the respondent authorit t s ancl Lhcir agents to scrupulously follo*' the guidelines/ instructions issLr .<l by thc Reservc Bank of India in its Circular dated 12.08.2O22 and, als,r the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakas h Kaur,ls case and ICICI Bank v. shanti Devi Sharma'2s case, while ', covering the loar-r amounls from lhc pr-litir,ncr. No costs. Pending rnisr:cllaneous applications, if any, shall. tpnd closcci '-1zoot12 scc 211 12008) 7 SCC s32 To, //TRUE COPYII . ). PONNA KRISHNA TANT REGISTRAR t SD /sb \r , ' SECTION OFFICER 1 . The Secretary, Union of lndia, Ministry of Finance, Netv Delhi 2. The Chief General Manager, Reserve Bank of lndia (RE l), 6, Sansad [Vlarg, New Delhi - '1 10001

3. The Chief Manager HDFC BANK Ltd, PN 26, 33/48631 B, Gr Flr, Delta House, Sy No 68, Allwyn Cross Road [vliyapur, Hyderar td - 500049

4. The Chief Manager AXIS BANK, Ground Floor, Srivetr l4all, Miyapur Rd, J P Nagar, CG Employees Colony, Mayuri Nagar, Miyapur lyderabad, Telangana 500049

5. The Chief ManagerGround Floor, IDFC FIRSTBANK )lot No6-7, Survey No 68, Door No 1-121lKzl6-7, Nearby Athidhi Restuartrr t, Miyapur, Serilingampalle (tvl), Telangana 500049

6. One CC to Sri Nakka Kiran Kash, Advocate [OPUC] 7. One CC to Sri N. Bhulanga Rao, Deputy Solicitor Gene 'al of lndia [OPUC] B o TJ GJP One CC to Sri IvI.P. Kashyap, Advocate[OPUC] Two CD Copies {'^l HIGH COURT DATED:1911112025 ORDER WP.No.32048 of 2025 ( ,)\i I _{_.) c (-) DISPOSING OF THE WRIT PETITION WITHOUT COSTS u 'al.\ ,:.'\' IDEC ffi i