✦ High Court of India · 02 Dec 2025

The High Court · 2025

Case Details High Court of India · 02 Dec 2025
Court
High Court of India
Decided
02 Dec 2025
Bench
Not available
Length
1,285 words

Acts & Sections

3. HDFC BANK Ltd. Reo bv its Chief Man.ager pN 26, 33/4&34/8, Gr Fir, Delta House, sy No 68. AltraryriCross Roao r,rtffirr, ii-vieiib"o_ sooo+s 4. Kotak lrlahindra Bank, Rep. by itlChief Manager, 27 BKC, C 27, G Block, Bandra Kurla Comptex, Bandia (E),MumUJi, ta:J'"ijsitra, 400051. 5. Kisetsu Saison Finance lndiapvt Ltd, Rep. By its Chief lVanager, lndiqube Lexington Tower. First Floor, Tavare(er"'Hrt"-i'n no"J,l"rurur.tirJ, SOHJrjrr, Bengaluru, Karnataka - 560029

6. lclCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist. Ptot No l 2, Nana(ramguoa, ciCnioowiiiyliJfiiiiir]i"l"nsana 500032. 7 YES BANK Rep by its Chief Manager, Ground Floor, Mayank Towers, Survey no.31(Otd'), 31t2 (New), Raj-Bhavan RoaO, SomalJguOa, Hyie%UaO_ 500082

8. SIMFG lndia Credit Company Ltd, Rep by its Chief Manager, Zth Floor, 703 9 [1qz.yb99 Services private. Limited, Rep by its Chief Manager, 3rd Ftoor, No. and to4, Aditya rrade ient6r, ameeip;i iyd";;;;1i_'ioooss 128/9, Maruthi Sapphire, HAL nirpbrt Coia,'- - - '''-'

10. Si Creva Caoital. Reo. bv its Chief Park, LBS trlarg, Kuria West, Mumbai MEn,ir"ritii-"i'obozo .Man-a.ger 1oth Floor, Tower 4, Equinox

11. Unifinz Capitat lndia Limited, R_ep by its Chief Manager 5th Floor,Rajlok Buitding,24, Nehru ptace t'tew Odfri, oetn-i_iiOof sl'- '12. Finc Friends Private Limited, 4th Floor, plot No, .18, Haryana 122003 Ser t rr 44, Gurugram, Petition under Article 226 of the Constitution of lnd i circumstances stated in the affidavit filed therewith, the pleased to issue an appropriate writ, order or direction mc r the nature of WRIT OF MANDAMUS declaring the action o not controlling the agents who harassing the petitioner ar respondents No.3 to i2 (bank authorities and financial it arbitrary, violation of the principles of natural justice and blirl well as Rules framed under Reserve Bank of lndia and the guaranteed under the Constitution of lndia consequenfly dir not to harass the petitioner and his family members on the the monthly installment dues and direct respondent no. 3 to dated '12.08.2022 vide RBU202Z-23/1O8, DOR.ORG. REC.65 issued by respondent no.2. Counsel for the Petitioner: SRt M. KESHAV YADAV Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, ...RESPONDENTS praying that in the 1gh Court may be > particularly one in the respondents in J his family by the ;titutions) is illegal, rnt vioiation and as fundamental rights rct the respondents 6ound of collecting 2 to follow Circular 21 .04.158t2022-23 DEPUry SOLICITOR GENERAL O: INDIA Counsel for the Respondent No.4: SRI V.SANTOSH Counsel for the Respondent No.5:Smt K.RAMYA Counsel for the Respondent No.8: SRI PAVAN KUMAR ANNI BATUNI Counsel for the Respondents Nos.2,3,6 ,7 ,9 to 12: None App -. rred The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32858 of 2025 02-L2-2025 Between: Pampari Chaitanya Kumar AND The Union of India & 1 1 othcrs ORDER: ...Petitioner ...Respondents Heard Sri M.Keshav Yadav, learned counsel for the petitioner, Srr N.Bhujanga Rao, learned Deputy Solicitor General of Indra, for respondent No. 1, Sri V.Santosh, learned counsel for respondent No.4, Smt K.Ramya, learned counsel for respondent No.5 and Sri Pavan Kumar Annabathuni, learned counsel for respondent No.8. 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 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 the said order reads as under: "8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loa-n anount from the petitioner, amounts to violation of the rights 2 guaranteed unCer Articles 14 and 2L of the (l India, this Court deems it appropriate .( respondents, to ensure that the agents engag(,( recovery of the 1oa-n amounts, shall stric I guidehnes a:rd instructions issued by the Res India ald also the judgments of the Honble S r in ICICI Bank Ltd Vs. Prakash Kaur's casr: ( ICICI Bank Vs. Shanti Devi Sharma,s case (2 s 9. V/ith thc above said direction, thc ur disposed of. " ,nstitution of direct the by them for ' follow the :rve Bank of preme Court supra) and rpra). t pctition is

5. Learned counsel for respondent Nos_ 1, 4, 5 and g Lave no objection. Accordingly, in terms of the order passed by this Court in W.P.No.5200 of 2024, dated 25.O4.2024, and for the re: ;ons alike, this writ petition is disposed of directing the respondent authorit es and their agents to scrupulously follor.v Lhe guidelines/ instructions isr r ed by the Reserve Bank of India in its Circular dated 12.08.2022 and a: : the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakar;, r Kaur'ls case and ICICI Bank v. Shanti Devi Sharma,2s case, while. r :covering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, sherlt stand closed. (2oo7l 2 scc 711 (2008) 7 SCC s32 2 //TRUE COPY// I D/. L. VIJAYA LAXMI S I ISTANT REGISTRAR SECTION OFFICER k t To, 1 . The Secretary, Union of India, Ministry of Finance, Ne\! 2. The Chief Manager, Reserve Bank of lndia, 6, San; Delhi rd fVarg, New Delhi - 1 10001

3. The Chief Manager, HDFC BANK Ltd, PN 26, 33t, House, sy No 68, Allwyn Cross Road tvliyapur, Hydera: 4. The Chief Manager, Kotak l\ilahindra Bank, 27 BKC, ( Kurla Complex, Bandra (E),Mumbai, Maharashtra, 40( ( ,&34lB, Gr Fir, Delta rd- 500049 27, G Block, Bandra 51. Maruthi Sapphire, HAL Airport Road, Aditya Trade Center, Ameerpet, Hyderabad _ 50d038. 5 The chief Manager, Kisetsu saison Finance rndia pvt Ltd, rndiqube Lexington Tower, First Floor, Tavarekere Main Road, Tavarekere, SG palya, Sengairir, Karnataka - 560029. 6. The chief lvranager, rcrcr Bank, rcrcl Bank rowers, Financiar Dist. prot. No. - 12, Nanakramguda, Gachibowli Hyderabad, Telanqana 500032_ 7. The Chief yES BANK, Ground Floor, Mayank T'owers, Survey no.31(Old), ^ 31/2 (New), Raj Bhavan Road, Somajuguda; Hyderabad_500082 8 The Chief fVanager, S.,4FG tndia CreOiiCompany f tA, 7th Floor, tO3 and tO4, 9 The chief Manager, Krazybee services private Limited, 3rd Froor, No. .r2gl9, 10 The Chief Manager, Si Creva Capital, 10th Floor, Tower 4, Equinox park, 11 The chief Manager, Unifinz capitar rndia Limited, 5th Froor,Rajrok Buirding,24, 12.The Finc Friends private Limited, 4th Floor, plot No, ig, Sector 44, Gurugram, 13.One CC to SRt Ir/. KESHAV YADAV, Advocate [OpUC] '14.One CC to SRt V.SANTOSH, Advocate [OpUCl 15.One CC to SRt K.RAMyA, Advocate tOpUCl 16. One CC to SRr PAVAN fgMlR ANNABATFIUN|, Advocate [OpUC] 17.ONE CC tO SRI N BHUJANGA RAO, DEPUTY SOLICITOii GEIiERAL OF , tNDtA IOPUC] 18-Two CD Copies LBS Marg, Kurla West, Mumbai, N/aharashtra-400070 Nehru Place New Dethi, Dethi_110019 Haryana 122003 PMK gH HIGH COURT DATED:0211212025 I I o o t * (),l 1Hi S .IA 'v 'z 6)\ * ) tl IiB 2{]2[ { ''prt .,\ \:.--- t ORDER WP.No.32858 of 2025 D!SPOSING OF THE WRIT PETITION WITHOUT COSTS (FTNA $/-il\"

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