Uppala Karthik v. 1. Union of lndia

5. lClCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No '12 Nanakramguda, Gachibowli, Hyderabad, Tetangana 500032_ 6. IDFC FIRST Bank Limited, Rep. by its Chief Manager, Ground Floor, veer ciambers, No 1-10-63/1i1, opposite Shoppers Stop, Chikoti Gardens, Begumpet, Hyderabad, Telangana 50001 6.

7. Axis Bank, Rep. by its Chief Manager Fatepuria Towers, 5141186, tvlahatma Gandhi Rd., Karbala Maidan, Rani Gunj, Hyderabad, Secunderabad, Telangana 500003.

8. HDB Financial Services Limited, Rep. by its Chief Manager, Llc-89'1, Dharma Reddy Colony Phase l, Kukatpally, Hyderabad, Telangana 500085.

9. Lendingkart Finance Ltd., Rep. by its Chief Manager, Unit Number PS 40 and PS 41, 3rd Floor, Bida Centurion, Pandurang Budhkar Marg, Worli, Mumbai, Maharashtra - 400 030

10. RBL Bank, Rep. by its Chief Manager, Shop No. 5-4110 865-4/1 1, Ground Floor, Chanda Nagar, Hyderabad, Telangana 500050.

11. TATA CAPITAL Limited, Rep. by its Chief Manager, 1'1th Floor, Tower A, Peninsula Business Park, Ganpatrao Kadam tr/aig, Lower parel, Ivlumbai, l,4aharastra - 40001 3.

12. KISETSU SAISON FTNANCE PRTVATE LTD., Rep. by its Chief Manaqer, lndiQube Lexington Tower, First Floor, Tavarekerb Main Road, Tavar6kere. S.G. Palya, Bengaluru, Karnataka 560029.

13. lndra Infoline lnvestment Servrces Ltd., Rep. by its Chief Manager, g02, gth Floor, Hubtown Solaris, N. S. Phadke lr/arg, Vijay Nagar, Andhiri East, lvlumbai - 400 069.

14. STVFG India Credit Co_ Ltd., Rep. by its Chief Manager, Second Floor, Unit l!o.?1-?2: Kalpataru Square, Kondivita Road, Off. Ahdheri Kurla Road, Andheri(East), Mumbai - 400059, [/aharasthra.

15. Bank of lndia Limited, Rep. by its Chief Manager, Star House, C-5, G Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 0S1. ...RESPONDENTS Petition under Arlicle 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 lvlandamus, declaring the action of respondent Nos. 3 to i 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 Circutar dated 12lOBl2O22 bea ng No. RBlt2O22_23t 108, 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 Arlicles 14, 19, and 21 of the Constitution of lndia, and consequenfly direct the respondent authorities to refrain from undertaking any coercive or unlaMul recovery measures agarnst the pelitioner and to stricfly comply with the due process of law and the aforesaid circular in all recovery proceedings, and further restrain respondent Nos. 3 to 15, their agents, recovery agents, executives, 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 petitioners premises, and further direct respondent No. 2 to enforce the said RBI circular in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 lo 15 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 15 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular ciated 1 21 08 I 2022. Counsel for the Petitioner: SRI THAKUR MANASWINI SINGH FOR SRI BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No.l: SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.2 to 15: - - - The Court made the following: ORDER THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA UrRIT PETITION No.34427 of 2O2S ORIIER: Heard Ms. Th akur Manasrx,ini Singh, Iearned counsel representing Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner and learned Standing Counsel for Central Government for respondent No.1. Perused the record.

2. 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.S2OO of 2024, dated 25.04.2024 and therefore, the same order may be passed in this i,r''rit petition as well. The operative portion of the said i l order reads as under: "8. For the aloresaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amoun[s to violation of the rights guaranteed under Articles 14 and 2 1 of the Constitution of India, this Court deems it appropriate to direct the respondents, to cnsure that thc agents engaged by them fol recovery of the loan amounts, shall strictly follon 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 Kaut's case (1 supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra). 9. With the above said direction, the writ petition is disposed o[." E-

3. Learned Standing Counsel clid not dispute the submissions of learned counsel lor the petitioner.

4. In terms of the order passed by this Court in W.p.No.52O0 of 2024, dated 25.04.2024, and for the reasons alike, this writ petition is disposed of directing the respondent authorities to scrupulously follow the guidelines/instructions in the RBI circular dated 12.08.2022, and also the judgments of Hon,ble Supreme Court in ICICI Bank Ltd Vs. prakash Kaur and othersr and ICICI Bank Vs. Shanti Devi Sharma and othersz. Pending miscelianeous applications, if any, shall stand 1 \ ciosed. No costs. '[toot) ?,\')l:ct) \gLL Vtl Tgu .)L Sd/.S. MALLIKARJUNA RAO AS ISTANT REGISTRAR //TRUE COPY// CTION OFFICER To 1 2 a 4 q b 7 I 9 .lO0O1 Delhi. The Secretary, Union of lndia, Ministry of Finance, The Reserve Bank of lndia (RBl), 6, Sansad Marg, New Dethi - 1 The Chief Managel, HDIC Bank Limit^e^d, N o 1t1016013, Suryodaya, tsegumpet, Hyderabad, Telangana S00Oi 6. The Chief Manaqer. SBI Cards.and payments Services Limited (SBl Card), state Bank of-rndia credit caras unit Nlii scsD l';d Ji5,o Froor eueens Plaza 18382 Queens ptaza Sp RoaO SecunO".OiO, ie-ta'ngana 500003. The Chief Manager, lClCl Bank, lClCl Bank Towers, Financial Dist, plot No 1 2 Nanakramguda, Gachibowti. Hyoeiro"j, i"ii""'g;"r' ;Ooosz. The Chief Manaoer. IDFC FIRST Bank Limited, Ground Floor, veer chambers. No 1-10-63/l/1, opposite Shop_pers Stop, Cnitoti OaijJn", #gr;p"i;- Hyderabad, Telangana 5000.l 6. The chief Manager, Axis Bank, Fatepuria Towers, 5/4i 1g6, Mahatma Gandhi Maidan, Rani cunj, nya6iaoad, Sil#;;b;d: Gi;;s;r;-"""' fdOabiior', The Chief Manaqer, HDB Financial Services Limited, LIG_8_91, Dharma Reddy Colony Phase t, kukatpaly, Hyd;;;bad, i;6rslr;, sdob'ei. The Chief Manaoer, Lendinokart Finan_ce Ltd., Unit Number pS 40 and pS 41, 3rd Ftoor, Birta Centurion, e"anourang BJoh[ar M;;g: Wffi, Mumbai, Maharashtra - 400 O3O

10.The Chief Manager' RBLBank' Shop N-o 5^-4110865-4/11' Ground Floor' '" Cn"un"Ou rlrsur, Fyderabad' Telangana 500050' 1 1 r h e c h i e{ rM a n ae e r r Ar A Business Park, GanPatrao 400013 PfJ]l,h }il' L%1: l F,t' Ji"^},',:ffi 1 fui3 l,t?H 1 "l!:,ff l"iY,il3fl "ll,5l?'.1?":#:"?:lii')*IR:L:i"*1""H'B;'Jl3l?T'; E"ngiirtr, Karnataka 560029' jiJ:iiff lif,,?f i""ihl1r3K:tii,'itqi': ,.Ii?,:$;'.yi#ff i[:s.,iX]l[:',fi 400 069. Andheii(East), Mumb ";!:&*yiEon,"ii#uSm:T"*,X^''i1'3'iR??l"JS3li'UnitNo21' '15.The Chief Manager' Bank of lndia Limited' S-tarHouse' C-5' G Block' Bandra '" K;;i;;pEi, BJno'' (East), Mumbai - 400 05't' 16.One CC to SRI BONTHU LOKESH PHANINDRA REDDY' Advocate [OPUC] 17. One CC to SRI N.BHUJANGA RAO' DEPUW SOLICITOR GENERAL OF , INDIA [oPUC] &,r.r*ocD copies PMK/DAN I I HIGH COURT DATED:1911112025 ORDER WP.No.34427 of 2025 't iIE S b?. r 6 l,tiiii iij?[ * , PATC I t DISPOSING OF THE WRIT PETITION WITHOUT COSTS t ) I 'J