Atchuta Venkata Subbarao v. Union of lndia

Amiti Building, Agastya Corporate Park, Kamani Junction, Opp. Fire Station, LBS Marg, Kurla(W), Mumbai - 400080.

6. Shriram Finance Limited., Rep. by its Chief Manager, Wockhardt Towers, 3rd Floor, West Wing, G Block, Bandra-Kurla Complex, Bandra (East), Mumbai - 40005l,Maharashtra. a

7. Cred Right Finance Pvt Ltd, Rep by its chief Manager 6th Floor, Tower 1, Vasavi Shalom Sky City, Gachibowli, Hyderabad-500032.

8. Arka f,incap Limited, Rep by its chief manager, 25th Floor, One Lodha Place, Lodha World Towers, Senapati Bapat Marg, Lower Parel, Mumbai - 400013, Maharashtra, lndia. .....RESPONDENTS Petitiorr Under Arlicle 226 of the Constitution of lndia praying that in the circumstance:; stated in the affidavit filed therewith, the High Court may be pleased to is:;ue an appropriate Writ, Order, or Direction, more particularly in the nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to OB 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. RBlt2022-23t 108, DOR.OFIG.REC.65/21.04.15812022-23, and further dectaring the inaction of respondent No. 2 in enforcing the said circular as unconstitutional and violative of Articles 14, 't9, and 2'l of the Constitution of lndia, and consequenfly direct the respondent authorities to refrain from undertaking any coercive or unlaMul recovery marsures against the petitioner and to stricfly comply with the due process of la,iv and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 08, their agents, recovery agents, executives, managers, o' 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 initia te appropriate and stringent action against the errant officials of respondent trlos. 3 to 08 for violating legal norms, and pending disposal of the writ petition, direrl the respondent Nos. 3 to 08 not to resort to any coercive measures r against the petitioner except through lawful means and in strict adherence to the Circular dateC 1 2.O8.2022. Counsel for'the'Petitioner: SR! BONTHU LOKESH PHANTNDRA REDDY Counsel for the Respondent No.l : SRt N.BHUJANGA RAO, DEPUTY SOL]CITOR I3ENERAL OF INDIA a Counsel for the Respondent No.S : SRI SUDHARSHAN NARAHAR! Counsel for the Respondent No.6 : SRI N.SRIKANTH GOUD Counsel for the Respondent Nos.2 to 8 : - The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT PETITION No.3 8186 of 2O2S Dated: 30.12.2O25 Between: Atchuta Venkata Subbarao Union of India & seven others AND ...Petitioner ...Respondents ORDER: Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner; Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No 1 and learned Standing Counsel for respondent Nos.S & 6.

2. Despite ' service of notice, none appeared for remaining respondents. I t

3. When the matter is taken up for hearing, learned counsel for petitioner submitli:d that the issue raised in this Writ Petition is squarely covered by the'oid", passed by this Court in W.P.No.18913 of 2024, I dated 22.08.2024'and, therefore, the same order may be passed in this I i:l l writ petition as well. The operative portion of the said order reads as under: o'8. In view of the above circulars, this Court <leems it appropriate to direct the respondents to (:nsure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the lpidelines and instructions issUed by the Reserve l3ank of India and also the judgments of the Hon'lcle liupreme Court in ICICI Bank Ltd Vs. Prakash lKaur's case (1 supra) and ICICI Bank Vs. Shanti lDevi Sharma's case (2 supra). '). With the above direction, the writ petition is ,lisposed of. No costs."

4. Learnt:d Deputy Solicitor General of India, for respondent No.1 and learned standing counsel for respondent Nos.S & 6, has no objection.

5. Accorrlingly, in terms of the order passed by this court in w.P.No.189 t3 of 2024, ciated 22.08.2024, and for the reasons alike, this Writ Petitiorr is disposed of directing the respondent authorities and their agents to s<:rupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated 12.08.2022 and also the judgments cf Honble Supreme court in.rcICI Bank Ltd. v. prakash Kaur'ls cas;e and rclcl Bank v. shanti Devi sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Miscellaneous petitions, if any pending, shall stand closed. 1(200712 2(200817 sc 711 scc s32 To Sd/-A.H.S.GOWARI SHAN REG //TRUE COPYII ECTION OFFICER

1. The Sr:cretary, Uni 2. The Clrief General 3. The Clrief Manager, Vivriti Capital Private Limited , Prestige Zackria on of lndia, Ministry of Finance, Manager', Reserve Bank of lnd Road, Saifabad, Hyderabad - 500004. hi. Del l), 6-1 -65, Secretariat Metropolitan , No.200/1-8, 2nd Floor, Nadu ti00002 Block 1, Anna Salai, Chennai, Tamil "g, i, gdfi"lr rr]

4. The chief Managsr,.visage Holdings and Finance pvt Ltd, s0, 2nd Floor, 100 -' 5. The chief Manager, PTRAMAL FTNANCE LrMrrED., 601, 6th Froor, Amiti Feet Road, HA!^?n d Stag.-e ( D efen de Co t on vil iiio-i ran Karnataka 56003g. B.uitd ins, 4gg.r.ty? Corporate park,. Kim; i J;;ti;: bpp Fi ;; Stifi ,i,'i_bs Marg, Kurla(W), Mumbai- 4000gb. 6' The Chief Manager, Shriram Finance Limited., Wockh.ardt Towers, 3rd Ftoor, west wing,.G Bibck, Bandra-Kurra comp'r'er'Aii,iii'rEJiti, rr,irrii,;: ' ' 400051, Maharashtra. 7. The chief Manager, c19o nigf! Finance pvt Ltd, 6th Froor, Tower 1, vasavi ^ 9.n"lqf. Sky City, Gachibowti HyOerabaO_SOOiriZ. u. r ne uhret Manager, Arka Fincap Limited, 25th Floor, one Lodha place, !99n" worrd Joileis, senapitibapat rrairg, Lo*"iprrer, Mumbai - 400013, .. Maharashtra, lndia. 9. one cc to sRr BONTHU LOKESH PHANTNDRA REDDY, Advocate topucl 10.one cc to sRt N.BHUJANGA RAo, oeFuiVsoilc-rroh'diNERlL"bF . U{DIA, Advocate [OPUC] 11. One CC to SRI N.SRIXnUTU GOUD, Advocate (OPUC) 12.one CC to SRt SUDHARSHAN NnnnnAniA;i;;"t" (oeuc1 13.Two CD Copies - ' SA(tr a l t. t. HIGH COURT ( ( DATED t:3011212025 THE S Y C.; l) ? I Jilt 202[ * .C.:. iq-1i.li . ...., r) ..\. ORDER WP.No.38186 of 2025 f ( a DISPOSING OF THE W.P WITHOT'T COSTS. v .e6"4 tr"