Naldiga Narayanachary v. 1. Union of lndia

3. Axis Bank, Rep.by its Chief Manager, Ground Floor, Sriven, Mall, Miyapur Road, J P Nagar, CG Employyes, Colony, Mayurinagar, Miyapur, Hyderbabad-500048

4. lClCl Bank, Rep.by its Chief Manager Tower, 7th floor, Nanakramguda, Serilingampal ly, Hyderabad-500032.

5. SBI Cards and Payments Services Limited (SBl Card), Rep.by its Chief Manager State Bank of lndia Credit Cards Unit Nos 3C 3D and 3E 3rd Floor Queens Plaza 18382 Queens Plaza SP Road, Secunderabad-500003

6. Bajaj Finance Ltd, 9111122 & 123111a, Ground Floor, Sarojini Devi Road, Hyderabad-500003.

7. American NSL Building, Road No 12,Banjara Hills, Hyderabad - 500034 8. Sriram Finance Ltd, 2nd Flr, No. 3-6-288/3, Towers, Hyderguda Main Rd, opp. Canara Bank, Hyderguda, Hyderabad-500029 ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fited 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 8 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed manner without following the due process of taw and in blatant violation of the Reserve Bank of lndia Circular dated 12-08-2022 bearing No. RBllzOZ2- 231108, 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 21of the Constitution of lndia, and consequenfly direct the respondent authorities to refrain from undertaking any coercive or unla6ul 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 g, 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 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 8 for violating legal norms, and pending disposal of the Writ Petition, consequently to direct the respondent No. 3 to 8 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 Counselfor the Respondent No.1: SRt N. BHUJANGA RAO, DEPUW SOLICTTOR GENERAL OF INDTA Counsetfor the Respondents No.2, 3, 5 to g: - counselfor the Respondent No.4: sRl KALYAN CHAKRAVARTI|Y, s.c. FoR tctct The Gourt made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITI ON No.38153 of 2025 Dated: 3O.L2.2O25 Between: Naldiga Narayanachary AND Union of India, Represented by it's Secretary, Ministry of Finance, New Delhi & seven others ...Petitioner ...Respondents ORDER: Ms. Dharavath Rajitha, learned counsel for the petitioner; Sri N. Bhdjanga Rao, learned Deputy Solicitor General of lndia, for respondent No.1; learned Standing Counsel for respondent Nos-3 & 4.

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 :. ,i* i!* :.., ,tt:,,t..iffi l writ petition as well. The operative portion of the said order reads as under: *8. In view of the above circulars, this Court ..deen:s it appropriate to direct the respondents to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly iollow the guidelines anci instnrctions issued by the Rcserve Bank of India and'aiso tiic -iudgments of the Honble Supreme Court in ICICI Ban[,: 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 Deputy Solicitor General of India, for respondent No.1 and learned Standing Counsel for respondent Nos.3 & 4, 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 Circular dated L2.O8.2O22 and also the judgments of Honble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'1s case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Misceilaneous petitions, if any , shall closed. I1eooz12 scc 711 '(2008) 7 SCC 532 //TRUE COPY// To

1. The Secretary, Ministry of Finance, Union of 2 The Chief General Manager, Reserve Bank of I New Delhi-110001. .PONNA KRISHNA SISTANT SECTTON OFFICER ew Delhi. a (RBl), 6 Sansad Marg,

3. One CC to Ms. DHARAVATH RAJITHA, Advocate [OPUC]

4. one cc to SRI N. BHUJANGA RAo, Deputy solicitor General of lndia loPUcl

5. One CC to SRI KALYAN CHAKRAVARTHY, S.C. for tctCt [OPUC] 6. Two CD Copies \ MP M. f / HIGH COURT DATED:30/1 212025 'tt{E SLt 15 0 B iAli ilii '': j,' :-'...r .a,'11 -..1' ORDER WP.No.38153 of 2025 { I o q * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ \\ !Y" \