The High Court · 2025

Judgment

4. Union of lndia, Rep.by its Secretary, ltlinistry of Finance, New Delhi. Reserve Bank of lndia (RBl), Rep.by its Chief General Manager, 6 Sansad Marg, New Delhi-110001

Axis Credit Card, Rep.by its Chief Manager, Ground Floor, Sriven, Mall, Miyapur Road, J P Nagar, CG Employyes, Colony, Mayurinagar, Miyapur, Hyderbabad-500048. Kotak Mahindra Bank Ltd, Rep.by its Chief Manager, Opp Swagath Hotel, Main Road, Chanda Nagar-500050.

5. Tfre StanOard Chartered Bank, Rep.by its Chief [Vlanager, TSR Towers, Raj Bhavan Road, Somajiguda, Hyderabad-500082. 6. IDFC FIRST BANK Ltd, Rep.by its Chief Manager, Sy.No.6B, D.No.1-12111<216-7, Nearby Athid Serilingampalle, Hyderabad-500049. Ground Floor, Plot No. 6-7, li Restaurant, Miyapur,

7. Yes Bank, Rep.by its Chief Manager Ground Floor, Shp No.11,77, NH-65, Gouthaminagar Colony, Ghandanagar, Hyderabad-500050

8. tClCl Bank, Rep.by its iniet Manager Tower, 7th floor, Nanakramgudi, Seril i ngampally, Hyderabad-500032.

9. RBL Bank, Rep.by its Chief Manager at D.No. 3-5-92613, Himayat Nagar, Hyderabad-500029.

10.SBl Cards and Payments Services Limited (SBl Card), Rep.by its, Chief Manager State Ban[< of lnOia Credit Cards Uriit ruos 3C'3D & s'E 3'd Floor Queeis Plaza 18382 Queens Plaza SP Road, Secunderabad-S0OOO3.

11.Bajaj Finance Ltd, gt1t122 & 123t1/a, Ground Floor, Sarojini Devi Road, Hvderabad-500003' ..RES'.NDENTS Petition under Article 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 Mandamus, declaring the action of respondent Nos. 3 to 11 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high-handed manner without following the due proce-ss of law and in blatant violation of the Reserve Bank of lndia Circular dated 12-08-2022 bearing No. RBll2022-231108, DOR.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respondent No.2 in enforcing the said Circular as unconstitutiona I 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 law and the aforesaid Circular in all recovery proceedings, and further restrain respondent.Nos. 3 to 11, iheir 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 petitioner's 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 to 11 for violating legal norms. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 3 to 11 not to resort to any coercive measures against the petitioner except through laMul means and in strict adherence to the Circular dated 12-08-2022 pending disposal of the above writ petition. Counselfor the Petitioner: Ms. DHARAVATH RAJITHA Counsel for the Respondent No.1: SRI B. JITHENDER, S.C. FOR CENTRAL GOVERNMENT Counsel for the Respondent Nos.2, 4 to 7 & 9 to 11: -- Counsel for the Respondent No.3: SRI M.P. KASHYAP Counselfor the Respondent No.8: SRI KALYAN CHAKRAVARTHY, s.c. FoR tctcr The Gourt made the following: ORDER I . i i I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.368O9 of 2O2S LL.L2.2o2s Between: Naldiga Raghava Chakra AND The Union of India & ten others ORDER: ...Petitioner ...Respondents Ms. D. Rajitha, learned counsel for the petitioner; Sri B. Jithender, learned Standing Counsel for Central Government, for respondent No.1 and Sri M.P. Kashyap, learned counsel for respondent No.3. 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.18913 of 2024, dated 22.08.2024 and therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: "8. In view of the above circulars, thic 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. praka:h-_ \ \ 2 Kaur's case (1 supra) and ICICr Bank vs. Shanti Devi Sharma's case (2 supra). 3; -" [|i:.lle above direction, the writ petition is disposed

4. Learned counser for respondent Nos. r and 3, have no objection. 5' Accordingly, in terms of the order passed by this court in w.P.No.18913 of 2024, dated 22.og.2o24, and for the reasons alike, this writ Petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank cf India in its circular dated L2.og.2o22 and also the judgments of Hon'ble Supreme court in rcrcl Bank Ltd. v. prakash Kaur'rs case and rclcl Bank v. Shanti Devi sharma,2s case, while recovering the roan amounts from the petitioner. No costs. Pending miscellaneous apprications, if any, shail stand crosed. 1^1zoot12 scc 211 '(200817 SCC 532 Sd/.P.PONNA KRISHNA RE G //TRUE COPYII To 1- The secretary, Ministry of Finance, Union of rndia, 2. The Chief General Ma New Dethi-110001. nager, Reserve Bank of lndia SECTION OFFI CER Delhi. l), 6 Sansad Marg,

3. One CC to Ms. 4. One CC to SRt 5. One CC to SRt 6. One CC to SRt $- t. Two CD Copies DHARAVATH RAJITHA, Advocate [OpUC] B. JITHENDER, S.C. for Central Government [OpUCJ M.P. KASHYAP, Advocate tOpUCI KALYAN CHAKRAVARTHY, S.C. for tctct tOpUCI , I I Ill i, i; -r-:-*tffi d i t HIGH COURT DATED i1111212025 I STA rJ O B JAN ?[?T -7 ./- * -l .f r-L ORDER WP.No.36809 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 I g \ I