Rudrakshalamatam Dilip Kumar v. 1.' Union of lndia

lndiQube Lexington Tower, First Floor, Tavarekere Main I load, Tavarekere, S.G. Palya Bengaluru, Kamataka 560029.

13.BAJAJ FINANCE, Rep. by its Chief Manager, 6th, Floor, liajaj Finserv Corporate Office, Pune-Ahmednagar Road, Viman Nagar Pune, Maharastra - 411014.

14. DBS Bank lndia Limited, Rep. by its Chief Manager, Grou .rd Floor, Express Towers, Nariman Point, Mumbai - 4OOO21 . ...RESPONDENTS Petition Under Article 226 of the Constitution of lndir praying that in the circumstances stated in the affidavit filed therewith, the t igh Court may be pleased to issue an appropriate Writ, Order, or Direction, mo e particularly in the nature of Writ of Mandamus, declaring the action of responc 3nt Nos. 3 to 14 in attempting to recover amounts from the petitioner in an arbitra y, illegal, and high- handed manner without following the due process of law and i I blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearil 1 No RBll2022-231 108, DOR.ORG.REC.65/21.04 .15812022-23, and further decl; ring the inaction of respondent No. 2 in enforcing the said Circular as unconstituri rnal and violative of Articles 14, 19, and 21 of the Constitution of lndia, and con equently direct the respondent authorities to refrain from undertaking any c < ercive or unlawful recovery measures against the petitioner and to strictly cr mply with the due process of law and the aforesaid Circular in all recovery pror;r edings, and further restrain respondent Nos. 3 to 14, their agents, recovery rgents, executives, managers, or any person acting on their behalf from engzr, ing in any acts of intimidation, harassment, humiliation, or intrusion into the pri'r rcy of the petitioner or his family members, referees or friends, including persis ent or anonymous calls, threatening messages, or physical visits to the petitiorr:r's premises , and further direct rebpondent No. 2 to enforce the said RBI Circu i r in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 1 4 for violating legal norms, and pendin 3 disposal of the writ petition, direct the respondent Nos. 3 to 14 not to resort to any coercive measures against the petitioner except through laMul means and in stri t adherence to the Circular dated 1 2.08.2022. Counsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY Counsel forthe Respondent No.1 : SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 6 : -- Counsel forthe Respondent No.7 : SRI SUDHARSHAN NARAHARI Counsel for the Respondent Nos.8 to l'1 : - Counsel forthe Respondent No.12 : Ms. K.RAMYA Counsel forthe Respondent No.13 : Ms. ANAND MASNA Counsel for the Respondent No.14 : Ms. R.NAVANEETHA The Court made the following ORDER ./ IN THE HIGH COURT FOR THE STATE OF TEI ANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHID 'MAPAKA WRIT PETITION No.3385O of 2Ct:,5 oa.L2.2 02s Between: Rudrakshalamatam Dilip Kumar .. Petitioner AND Union of India, Represented by its Secretary. Ministry of Finance, New Delhi & 13 others ORDER: ...fI rspondents Heard Sri Bonthu Lokesh phanindra Reddy, learr ed counsel for petitioner, Sri N.Bhujanga Rao, learned Deprr y Solicitor General of India, for respondent No.1, Sri Sudharshz: L Narahari, learned counsel for respondent No.7, Ms K.Ramy r, learned cou,sel for respondent No. r2, Ms.Anand Masna, rear r :d counsel for respondent No.13 and Ms R.Navaneetha, learned r ounsel for. respondent No.14. perused the record.

2. Despite servlce of notice, none appea_red for remalnlng 2 respondents.

3. When the matter is taken up for hearing' learned counsel for petitioner submitted that the issue raised in this Wrii Petition is squarely covered by the order passed by this Court in W.P.No.18913 of 2024, dated22'08'2024 and therefore' the same order may be passed in this writ petition as well' The operative portion of the said order reads as under: In view of the above circulars' this CouiL "8. d"eems it appropriate to direct the respondents -to thai tfte agents engaged by . 'ltT,,fo' ".,.r." ;;;";..y of the loan amounts, shall strictly follow ,fr." *,-,'ia.fi""s and instructions issued by the il""ir;;;;k -of ii-r. fr."frf" Suprerne Court in ICICI Bank Ltd Vs' ii.t."i Kaur's case (1 supra) and ICICI BankVs' itranti Devi Sharma's case (2 supra)' g. With the above direction' the writ petition is disposed of. No costs " of tndia and also the judgments l,earned counsel for respondent Nos'1' 7 12, 13 and 14 4 have no objection'

5. Accordingly, in terms of the order passed by this Court tn W.P.No.189 13 of 2024, d'ated' 22'08'2024' and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupuiously follow the guidelines/ instructions issued by the Reserve Bank of India in lts Circular dated 12.08.2022 atd also the judgmer ts of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakash Kar.r'Is case and ICICI Bank v. Shanti Devi Sharma,2s case, while ecovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, r hall stand closed. , / 't(20o71 2 2(2008) 7 cc 71'l cc 532 S S //TRUE COPY// i f BAI'f;iYh,=#i3,?'^"J \\'._ I . sECTtoN oFFlcER To i I relhi - 1 '10001 . Manager, HD REil , 6, Sansad Marg' FC Bank Limited, No'ti10/60/3' iuryodaya'

1. The Secretary' Union of lndia, Ministry of Financ N 2. The Chief Genera I Manager, Reserve Bank of ln New Delhi 3. The Chief Beg umpet,Hyderabad, Telang ana 500016 4. The Chief Manag er, IND USIND Bank Limited, 1-248, tJP:er Ground Floor' ana 500052 ollaram, Telang Floor, ShoP t\(.11,77, NH 65, Miya BANK, Ground 5. The Gouth ami Nagar ColonY, Jawahar Colony, Chanda N a1y rr, HYderabad' .i[Efxgf1fii,Si;_'"',5:at:f i:J,1il[",'l','."fl li,";i;'T"'ii[]?!??*;'., :,' pur Cross Roads, B r, YES Chief Manage rrg:*,r**fl"g?imu,i,fl'#t*;q*i*'ii,ffi " co-r,llplex' KUKATPALLY 1o.The Chief Manager, sot Tndian Bank Limited, T.B.Rc ad, Mission Quarters, ;;.il#*u*'*++qatu,{Fl'ii}i''$1if i.i;,ffi ** 1ilt;fl$ffi1ffifrffi ffi ri']xf, ,il# 5:H::::: ffi ; Lexington Tower, Flrst ,,.?i:€l*l*ti3:?iei3ff:fi -rNeE:-6ir:1e"r,"-?:,fiil::y"f,"$ii'&- I]l

16.One CC to SRI N.BHUJANGA RAo, DEPUry SoLICIToR GENERAL oF . _ [.lDl4, Advocate [OPUC] 17.One CC to Ms. K.RAMYA. Advocate (opl tcl '!9.9n" CC to Ms. ANAND MASNA, Ao-rb"rti76puo 'I 9. one CC to Ms. R. NAVAN E ETHA, nOro-"-itJ topuZl 20.Two CD Copies SA LS W I I I THE S Ta o 2I .tnru Zflt ') \) l-. .) \ HIGH COURT DATED:0811212025 ORDER WP.No.33850 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. p 1 \