Uppala Linga Swamy v. 1. Union of lndia

3. IDFC First Bank, Eep bylts Managing Director, Noi-10-631111, Ground Floor* Veer Chambers, Chit<oti Gardens, Opp. Shoppers Stop, Begumpet, Hyderabad - 500016

4. Krazy}ee Services Limited, Rep by its 1,tlqn-qOing Qirector, Office at 3rd Floor, No. 12819, Maruthi Sapphire, 35, HAL Old Airport Rd, Murugeshpalya, Bengaluru, .Karnataka 56001 7.

5. Tata Capital Limited, Rep by its tManaging Director,. Office at Auto Plaza, Plot No 3 to 6. nO Number 3,'op-posite Tim-es Colony. VST Colony, Banjaia Hills, Hyderabad, Telangana 500082. 6. Shriram Finance Limited, Rep by its Managing Directo[, Otfigg at H No - 12t1311274,3rd Flr, Maspack H6use, NeaiSt Anns School. Hyderabad - 50001 7. lndia. North H Block, Journalist -of a-

7. Aditya Birla Capital Limited, tuqby itsltlanaging.Directo_r, Office at 3rd and 4th Floor, Mayfhir Complex SP Rold, Opposi-te Hockey Stadium, Hyderabad - 500003.

8. Muthoot Finance Limited, Rep by its Managing Director, Office at Grandpa s Rotr, Mansion 2nd Flooi, Near LiOerty X Road, Himayat Nagar, Hyderabad - 500029. I I R.K DN Bansal Finance Private Limited, Rep by its Managing Director, Office at 32, Sector V, Salt Lake, Kolkata, West Bengal, 700091.

10. Oxfzo Financial Services Limited, Rep by its Managing Director, Office at Sai Shikha Building, 2nd Floor, Plot No 1264, Road No 36, Jubilee Hills, near Jubilee Hills Check Post, Hyderabad-500033. 1 1 . Yes Bank, Rep by its Managing Director, Office at Mayank Towers, Ground Floor, Door No. 6-3-1090/8 11 and 2. Raj Bhavan Road, Somajiguda, Hyderabad - 500082.

12.South lndian Bank, Rep by its Managing Director, Office at D.No.6-3- 1085/D/G1, Dega Towers, Raj Bhavan Road, Somajiguda P.O., Hyderabad, Telangana-500082.

13. Kotak Mahindra Bank Ltd., Rep by its Managing Director, Office at Door No - 1-1312, 1-131211, Kondapur Road, Gachibowli, Telangana - 500032, ...RESPONDENTS 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 the writ more in the nature writ of mandamus declaring the action of the Respondent No.2 in not legitimately protecting the interest of petitioner by duly enforcing its Circular dated 1210812022 vide RBtt202223l 108 DOR ORG REC 65/21 04 15812022-23 against Respondent Nos. 3 to 11 who are resorting to high-handed measures to recover money without following the Circular dated 1210812022 vide RBll202223l 108 DOR ORG REC 65/21 O4 158t202223 issued by Respondent No. 2 and Consequently direct the Respondent No. 2 to taker stringent action against the errant official of the Respondent Nos. 3 to .1 1 in unlawfully illegally and arbitrarily taking to recover the amounts from petitioner without following Circular daled 1210812022 vide R9ll202223l 108 DOR ORG REC 65/21 04'.! 58t2022-23. lA NO: 1 OF 2025 I Petition under Section 151 CPC praying that in the circumstances stated in the affidavit flled in support of the petition, the High Court may be pteased to direct the Respondent Nos. 3 to 1 1, not to take any coercive or adverse measures whatsoever against the Petitioner or his family members, whether at their residence or place of business, without strict adherence to the due process of law and mandatory compliance with the Circular bearing No. RBI/2022-2gl1OB DOR.ORG,REC.65/21.04.15812022-23 issued by Respondent No.2, until the final disposal of the present writ petition. Counsel for the Petitioner : SMT.KATYAYANI MITTAPALLI counser for the Respondent No.l , 3f.'.:,"#iH:*it?irr," Counsel for th6 Respondent No.2to13 : The Court made the following: ORDER t. a Ii. ,4 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLT SRI JUSTICE NAGESH BHEEIT,IAPAI{A IIfRIT PETITION No.36981 of 2025

22.12.20.25 Between Uppala Linga Swamy AND Union of India, Represented by its Secretar5r, Ministry of Finance, New Delhi & 12 others ORDER: Petitioner ...Respondents Heard smt. Kat5rayani Mittapalli, learned counsel for petitioner and . sri N.Bhujanga Rao, learned Deputy solicitor General of India, for respondent No.1. perused the record. a

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 2 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, 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 Hon'ble 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 direction, the writ petition is disposed of. No costs."

4. Learned counsel for respondent No.1 has no objection.

5. Accordingly, in terms of the order passed by this Court in W.P.No.18913 of 2024, dated 22.08.2024, 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 of India in its a Circular dated L2.O8.2O22 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case and t 12007)zsccTLL h \ 3 IcIcI Bank v. shanti Devi sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shall stand closed. to', P.C. SULEKHA DEVI ASS]STANT B-EGISTRAR ./ ^vvrY ,/ ,ffRUE COPY/ G SECTION OFFICER In:.?:^"'ffil5th'jyr:,{,5,11?ilift Yi6"da?: Building, Sz rndia' 3rd froor' Jeevan Deep central ofrfu; Buitdins, snanilEfl;Zisi"gh M;g,'Fort, Mumbai' lndia 2.TheChiefGeneralManager,ReserveB-ank.o[lndia.officeatSthFloor'

3.OneCCtoMs'KATYAYANIMIfiAPALLI'Advocate'[OPUC] court to r tn;'siaiL-;i l"ring";ddt Hyd6rabad. [oP uc]

4.oneCCtoSRlN.BHUJANGARAo,.DeputyS-olicitorGeneraloflndia,High

5. Two CD CoPies' wBSK BS z 1zoo8) 7 scc 532 t a \ 0 t_ I HIGH COURT DATED:2211212025 ORDER WP.No.36981 of 2025 STA 0 ffi JlHl''{ ?[}?fi ,r t .4.. * o DISP SING OF THE WRIT PETITION WITHOUT COSTS -l w le-b .