Bandaru Raghu Chand v. 1. Union of lndia

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affkJavit 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 05 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed manner without following the due proc€ss of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBI/2022-231 108, DOR.ORG.REC.65121.04.15812022-23, 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 ta'w and lhe aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 05, their agents, recovery agents, executives, managers, or any person acting on their behalf from engaging in any acts 9f , 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 petitioner's premises, and further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit and to'initiale, appropriate and stringent action against the erant officials of respondent Nos. g-to OS for violating legal norms, and pending disposal of the writ petition, dlrect the respondent Nos. 3 to 05 not to resort to any coercive measures against the p,etitioTer except through lawful means and in strict adherence to the Circular datecl 12.08.2022. Counsel for the Petitioner(s):SRl. BONTHU LOKESH PHANINDRA REDDY Gounsel for the Respondents: SRl. K.ARAVIND KUMAR SC FOR CENTRAL GOVERNMENT The Gourt m:rde tlre following: ORDER THE HON'BLE SRI JUSTTCE NAGESH BHEEMAPAKA 1 ORDER: Heard Sri'Bonthu Lokesh Pahnindra Reddy, learned counsel for the petitioner and Sri K.Aravind Kumar, learned Standing Counsel for Central Government. 2 Despite service of notice, none appeared for remaining respondents' \ \ learned counsel for

3. When the matter is taken up for hearing, petitioner submitted that the issue raised in this Writ Petition is squarely * covered by the order passed by this Court in W.P.No.S2OO 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: from the petitioner, €unounts '8. For the aforesaid reasons and as tle procedure adopted b-v the respondent Nos.4 to 7 fot reqovery of loan to violation of tll e rights guaranteed under Articles 14 and 2l of the Constitution of "rrrourrt India, this Court deems it appropriate to direct the respondents, to ensure that the agents engaged by them for ,..ou.ry of the loan amounts, shatl strictly follow the guidelines and instructions issued by the Reserve Bank of india ancl also the judgments of the Hon'61e Supreme Court in ICICI Bank Ltd Vs. Prakash Kaurfs case (1 supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). g. With the above said direction, the writ petition is disposed of."

4. [rarned counsel for respondent No.1 have no objection.

5. Accordingly, in terms of the order passed by this court in 2 }] W.P.No.5200 of 2024, d,ated,2S.O4.2O24, and, for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupulo'rsly_ follow the guidelines/ instructions issued by the Reserve Bank of India'in its circular dated I2.0g.2o22 and, also the judgments of Honble Supreme court in ICICI Bank Ltd. v. prakash Kaur'ls case and ICICI Bank v. Shanfi Devl gharma,2s case, while recovering the loan amounts frorn the petitioner. No costs. Pend.ing miseellaneous applications, if any, shallr/ta nd closed. 't red6iTEec=T- '(2008) 7 SCC 532 SD/- U.SUDHA A SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Secretary, Union of lndia,Ministry of Finance, New Delhi ' I:i,"Jl"i,9i?3#r'"*n"r, 6, sansad Mars, Reserve Bank or tndia (RBr), 'E[,8*mm:f4ii.:a's:':i:f,?,Iffi "i",?"ll];T,ii'T;f :,!:?i8rfJb,, 4. The Chief Manager, Baroda House, BOBCARD Limited, Behind Dewan t 6. One CC to SRt. BONTHU LOKESH PHAN|NDRA REDDyAdvocate [OpUC] z oqg QQ.tg 9B!. SRr. K.ARAVTNDKUMAR SC FOR CENTRAL -'-'- 8. Two CD Copies Shoppi.g Centei rit Floor, S v R;;;, id;i,"*ili'iwt, Mumbai _4oo 1o2. J'f"3X1"3 gga%% -24 8' Up pe r G rou nd Froor, GOVERNMENT Advocate tOpuai l| BHi#?,,tfl; HT,l':tol e, I I I I I i I I I I I j l i I I i I I I I I ! l I i I I 'r 1[ ilE S 23 Jrilm * + HIGH COURI' DATED:1711112025 ORDER WP.No.32153 o12025 WRIT PETITION IS DISPOSED OF WITH OUT COST ]o I i I I I I I I I I I I I I I I i i . . I 't I i I i I I I i I I I i i i