The High Court · 2025

8. TVS Credit Services Pvt Ltd, Rep. by its Chief Manager FIRST FLOOR 5-6, 568/5, Hyderabad Rd, beside Hotel Nikhil Sai lntemational, Pragathi Nagar, Nizamabad, Telangana 503001

9. Kotak Mahindra bank Ltd, Rep. by its chief Manager Ground Floor - Office No 103, Premier Building, Plot No 35,36,41 & 42 Survey No 76, Madhapur Village, Senilingampally, Mandal, Hyderabad, Telangana 500081

10. lclCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032 1 1 . RBL Bank, Rep. by its Chief Manager Shop no 5-4l't 0 & 5-4111 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050

12.IDFC FIRST Bank, Rep. by its Chief Manager, The Square, C-61, G Block, Ground Floor to 8th Floor, Bandra Kuria Complex, Bandra East, Mumbai - 4000s1

13. KRAZY BEE Services Private Limited, Rep. by its Chief Manager, The Royal Stone Park, No.100, Above Honda Showroom, Sakshi Nagar Pai Layout, Bannigana Hali, Kamataka- 560016

14.PayU Finance lndia Private Limited, Rep by its Chief Manager Empresa Building, Officer No. 102 Second Road, KharWest, Mumbai, Maharshtra - 400 052

15. KISETSU SAISON FINANCE PRIVATE LTD., Rep. by its Chief Manager, lndiQube Lexington Tower, First Floor, Tavarekere Main Road, Tavarekere, S.G. Palya, Bengaluru, Karnataka 560029.

16. NAVI FINSERV Ltd, Rep. by its Chief Manager 2nd Floor, Vaishnavi Tech Square, lballur Village, Begur Hobli, Bangalore, Kamataka - 560102. ...RESPONDENTS Petition under Article 226 ot 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 Mandamus, declaring the action of respondent Nos. 3 to 16 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. RBll2022-231 108, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19, and 2'l 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 law and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 16, 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 petitionefs premises, and further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit I and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 16 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to '16 not to resort to any'coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated 1 2.08.2O22. Counsel for the Petitioner: SRI tsONTHU LOKESH PHANINDR.A REDDY Counsel for the Respondent No.l: SRI B.JITHENDER, SC FOR CENTRAL GOVT Gounsel for the Respondent No.10: SRI SUDHARSHAN NARAHARI Counsel for the Respondent Nos.2 TO 9 & 11 TO 16: - COUNSEL The Court made the following: ORDER t I ,l I \ l ! ! AHp HON'BLE sRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITI ON No.3459O of 2o25 ORDER: Heard Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner, Sri B.Jithender, learned Standing Counsel for Central Government for respondent No.l and Sri Sudharshan Narahari, learned counsel for respondent No.10.

2. Despite service of notice, none appeared for remaining respondents.

3. When the matter is taken up for hearing, Iearned 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 loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2l of the Constitution of India, this Court deems it appropriate to direct the respondents, to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank of India and also the judgments of the Honble 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 direction, the writ petition is disposed of."

4. Learned counsel for respondent Nos.1 and 10 have;roebjection I / a :)=qJ,,, - I 2

5. Accordingly, in terms of the order passed by this court in W.P-No.S2OO of 2024, dated 25.04.2024, and. for the reasons alike, this writ petition is disposed of ciireciing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated L2.O8.2O22 and, also the judgments of Honble Supreme Court in ICICI Bank Ltd. v. prakash Kaur,ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shallfand closed I SD/.U. SUDHA REGISTRAR OFFICER \ I 2 1 7 SCC s32 //TRUE COPYII To

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7. The Chief Manaqer, Hero Fincorp Ltd, 407, 408 & 499, 4 Flogr' Ashoka My . Home Chamberi, ihamber Conimercial Complex, Sindhi Colony, Begumpet, Hyderabad, Telangana 500003 8. fffi Ch',"f Managei, TVS Credit Services Pvt Ltd, FIRST FLOOR 5-6, 568/5, - ffvOeraOaO Rd, Seside Hotel Nikhil Sai lnternational, Pragathi Nagar, Nizamabad, Telangana 503001

9. itiJCniei Managei, Kotak Mahindra bank Ltd, Ground Floor - Office No 103, premlei Building] Piot No 35,36,41 & 42 Survey No_1Q,_Madhapur Village, Sen ili ng ampal ly, Mandal, Hyd erab-ad, T-elang :rna 50008 1 rO.ine Cnjef frlanb-qer, lClCl Bank, lClCl BankTowers, Financial_Dist, Plot No 1 i Nanakramgud a, Gach i bowl i, Hyderabqd' fe-lqng-ana 500032 11.The Cniet Maiagei, RBL Bank, Shop no [4/]Q & 5-4111 Ground floor, Chanda Nagar, Flyderabad, !e]4gang 100050 12.ihe Chief lr/'an'ag6r, IDFC FIRST Bank, The Square, C-q1-, G.Block,^Ground - Floor to 8th Flooi, Bandra Kuria Complex, Bandra East, Mumbai - 400051 13.The Cnief Manager, KRAZY BEE Services Private Limi!_ed.,.The Royal Stone -- piit<, No.100, ASov'e Honda Showroom, Sakshi Nagar Pai Layout, Bannigana Hali, Karnataka- 56001 6 f +.tne'Cnief Manager, PayU Finance India Private Limitgd, Empresa.Bu,l$g' Omcer No. 102 Second'Road, Khar West, Mumbai, Maharshtra - 400 052 15.The Chief Manaqer, KISETSU SAISON FINANCE PRIVATE LTD.,-lndiQube - t-eiington Tower] First Floor, _Tavarekere tvlain Road, Tavarekere, S.G. Palya, Bengaluru, Karnataka 560029. 'lvlanager, NAVI FINSERV Ltd, 2nd Floor, Vaishnavi Tech Square, tballur Village, Begur Hobli, Ba4galo1g, Kqnqtg\a - 560102-

17. One CC to snl eONfHU LOKESH PHANINDRA REDDY, Advocate [OPUC] 18.ONC CC tO SRI B.JITHENDER, SC FOR CENTRAL GOVT COUNSEL l6.Thebhief loPUcl

19.bne CC to SRI SUDHARSHAN NARAHARI, Advocate IOPUC] 20.Two CD Copies PSK. GJP I' I HIGH COURT DATED i2111112025 ( \ ORDER aatq&.2-- r..--.. WP.No.34590 of 2025 'iil[ S?".,1 () 1 6 JAN 2O26 v .:. * t * DISPOSING OF THE WRIT PETITION WITHOUT COSTS t / t. ) t \