Telangana High Court

WP/4698/2026 of Rakesh Anand Manjakuppam Gajanand Vs The Union of India on 2 March 2026

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!N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA Between: AND Rakesh Anand Manjakuppam^ Gajanand, s/o. Gaj_a1qnd ManjakupparnDharmatingam, Age

[ 3183 I

!N THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE SECOND DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

Between:

AND

Rakesh Anand Manjakuppam^ Gajanand, s/o. Gaj_a1qnd Manjakupparn Dharmatingam, Age 42 years, occ 'ausin&tRyb .i-s-a?,_tlilqypuii corony, south Lalaguda, secund-erabad, Hyderaoio, tetingaia, s0001 7

..PETITIONER

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1. The Union of lndia, Rep. by its secretary, Ministry of Finance, New Delhi 2- The Reserve q.a.nf .of l1dia, Rep. by its chief General Manager, 6, sansad [\rlarg, New Delhi-1 1 0001

3. The Deputy commissioner of police, East Zone Hyd DCp office, police C o lo n y A m b e^rp et, ? I 1 g, M oo sa ra m U'q g h Rd-, b e si O'" A n e " ri; -B; ;, " Premnagar, Opp., Amberpet, Hyderab"aO, fetingJna 5000 1 3.

4. The station House officer, Lalaguda police station, Lalaguda, Hyderabad.

5. ]fe sqlaj Finance Limited, Bep. $ its chief manager, Registered office-6th F.loor, Bluaj Finsery p.or.p-o1ate'offite, off pu;;-Ah"mddn;6;i Roio, virrn Nagar, Pune - 411014, Maharashtra.'

6. (-L&T House) of Larsen and roubro lrjmiled, Rep.by its chief manager, Resistered office, Landr House, Barraid-Est"t,ip. b.'-B;;: ,i[Jiiixiori +oo 001, 7 ' !-ClCl Bank,.Rep. by.its Chief Manp^el,-Begistered Office-lCtCt Bank Towers, Bandra-Kuria Complex, Mumbai +Ob o'St.-s'---' -- 8fiflllf F,4?3.T{fle!1ff fl ff #t,',[?[yfi 1t,Hihffg,l.J:5?1:9f,,".,?i Bapat Marg, Elphinstone Road, nlumtiai +00 013,

9. Cholamandalam lnvestment and Finance Comoanr its chief Managel 39giis'tereJ-omc9-cjora creg, 6bl13:"l38f?l E:{ o, Th i ru-Vi-Ka t n d"u siria i E Jtite, c, i no v, -cr'l n * i, ri iliiii;; ;' btdd5t:

10. SMFG lndia credit^(formerlvfulrerton rndia), Rep. by its chief Manager, $..egistere{ oflge-s uprema B usiness pa ir, rroo Id s il; 6 :'H'ffi;,"Fowai, Mumbai 400076.

11. NeoGrowth Credit Private Limited, Bgp. byits Chief Manager, Registered office-Tintes Square, Tower E_,_g_th_Fkior, iMarolanoneri-k"u;6 Ro;d;Anorreri East, Murnbai, Maharashtra 400059

12. Axis Finatrce Limited, B9p,.by its Chief Manager, Registered Office-Axis .Ugug", G'ound Floor, Wddia-lnternational. Cdntie, pEnOurang AuOnkir fyarg, Worli, Mumbai - 400 025. -'-"e -

13. Kisetsu S,7it_ol_flngcq (nOi{)f-rivate Limited,.(Credit Saison tndia, Rep. by its Chief [\4anager, Registered'Office-lndiQube'Lexingion Towei, riisi Flboii Tavarekete Main Rd, Tavarekere, S.G. Palya. eengaiuiu, Ximaiaka. sOOb)g.

14. LENDINGKART FTNANCE UMITED, 8."p. bl its Chief Manager, Registered office-4th F!oo_r,401 lconic Shyamai, Near Shyamat Croii ntios, s?eirit" Ahmedab;rd - 380015 ..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 oe pleased to issue Writ, Crder or Direction more particutarly one ln the nature of Writ of Mandamus, declaring the action of the respondent Nos.5 to 14 in general and their agents, associales, representatives, and their henchmen or any other person or persons working on their behalf in particular in high handediy, arbitiarily and illegally trying to recover the amounts from the petitioner by not iottowing Circular dated 12.08.2022 vide RBlt2o22-23t108, DoR.oRG.REC'.65121.04.188t2022-23 issued by respondent no.2 or any due process of law and the inaction of the respondent. no.:2 to. legitimately protect the interest of the petitioner by duly 9!191"'lg llrcular dated 12.08.2022 vide RBtt 2022-23t10b, OR.9RG.REC. 65121-04.1581 2C22-23 as illegal, arbitrary and unconstitutional for violating Art 14, '19, and 21 of ther Constitution of lndia. lA NO: 1 OF 202ti Petition under Section 151 CPC praying that in the'circumstances stated in the affidavit filed in.support of the petition, ine Hign Court may be pteaseO to direct the respondent Nos.5 to 14 in general ind theircg";t., associates, representatives, and their henchmen or any other person or persons working on their behalf in particular not to take any coercive measures against the petiti6ner *ltlgrlt following due process of law and mandatorily folloriing Circular dated 12.08.2022 vide RBll 2022-231108, DOR.ORG.REC .AStZl.O4. IiA]ZOZZ-Z issued by respondent nc'.2 pending disposal of the writ petition. Counsel for the Jretitioner: SRI B. SHASHTKANTH counsel for the tlespondent No.1: THAKUR VIKAS stNGH Counsel fior the Flespondent No.3 & 4: Gp FOR HOME Counsel for the Ftespondent No.2 & 5 to 14; - - - - The Court made the foilowing: ORDER

IN THE HIGH COURT FOR"THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT N No.4698 of 2026 ted: Between: Sri Rakesh Anand Manjakuppam Gajanand Petitioner AND The Union of India & others .RDER: "ResPondents Sri Snehith, learned counsel representing sri B. shashikanth, learned counsel for the petitioner'; sri Thakur vikas singh, learned counsel for respondent No.1 and learrred Government Pleader for Home, for respondent Nos.3 and 4.

2. 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.1g913 of 2024, dated 22.08.2024 atnd. therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: q f, "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 "l,iii :t il I i i

Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash K:aur's case (1 supra) and ICICI Bank Vs. Shanti D,evi Sharma's case (2 supra). g. With the above direction, the writ petition is disposed of. No costs."

3. Learnecl counsel for respondent Nos.1, 3 and 4 have no objection'

4. Accord.ingly, in terms of the order passed by this Court in W.P.No.1891li 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 Banl< of India in its Circular dated L2.O8.2O22 and also the judgments ol' 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. Misceltaneous petitions, if any pending, sha$ stand closed. SD/. A.H.S. GOWRI SHANKAR REGISTRAR l l1oot) )- Scc-+rl 2-frcos) 1 gc-c-r:]> ' SECTION OFFICER. To,

1. The Secretary, Ministry of Finance, The Union of lndia, New Delhi

2. The Chief General [\4anager, The Reserve Bank of lndia, 6, Sansad Marg, New Delhi-110001

3. The Deputy Commissioner of Police, East Zone Hyd DCP Office, Police Colony Amberpet,2118, Moosarambagh Rd, beside Bheemas Bar, Premnagar, Opp., Amberpet, Hyderabad, Telangana 50001 3.

4. The Station House Officer, Lalaguda Police Station, Lalaguda, Hyderabad.

5. The chief manager, The Bajaj Finance Limited, Registered Office-6th Floor, Bajaj Finserv Corporate Office, Off Pune-Ahmednagar Road, Viman Nagar, Pune - 411014, Maharashtra. //TRUE COPY// (r*t-"

1I

6. The chief manager, (L&T House) of Larsen and Toubro Limited, Registered Office, LandT House, Ballard Estate,P. O. Box. 278,Mumbai 400 001,

7. The Chief Manager, The lClCl Bank, Registered Office-lClCl Bank Towers, Bandra-Kuria Complex, Mumbai 400 051. B. The Chief Manager, Aditya Birla Capital Ltd, Registered Office-One World Centre, Tower 1, 18th Floor, Jupiter Mill Compound, 841, Senapati Bapat fMarg, Elphinstone Road, Mumbai400 013.

9. The Chief Manager, Cholamandalam lnvestment and Finance Company Limited, (Chola), Registered Office-Chola Crest, C54-55 and Super B-4, Thiru- Vi-Ka lndustrial Estate, Guindy, Chennai, Tamil Nadu, 600032. ,10.The Chief Manager, SMFG lndia Credit (formerly Fullerton lndia), Registered Office-Supreme Business Park, Floors 5 and 6, B Wing, Powai, Mumbai

11. The Chief [Vlanager, NeoGrowth Credit Private Limited, Registered Office- il'imes Square, Tower E, gth Floor, Marol Andheri-Kurla Road, Andheri East, lVtumbai, Maharashtra 400059.

12. The Chidf'fvlanager, Axis Finance Limited, Registered Office-Axis House, Ground Floor, Wadia lntemational. Centre, Pandurang Budhkar Marg, Worli, Mumbai - 400 025.

13. The Chief Manager, Kisetsu Saison Finance (lndia) Private Limited, (Credit Saison lndia, Registered Office-lndiQube Lexington Tower, First Floor, Tavarekere Main Rd, Tavarekere, S.G. Palya. Bengaluru, Karnataka. 560029.

14. The Chief Manager, LENDINGKART FINANCE LIMITED, Registered Office- 4th Floor, 4O1 lconic Shyamal, Near Shyamal Cross Roads, Satellite Ahmedabad - 380015

15. One CC to SRI B. SHASHIKANTH, Advocate [OPUC]

16. One CC to THAKUR VIKAS SINGH, Advocate IOPUC]

17. Two CCs to GP FOR HOME, High Court forthe State of Telangana [OUTI

18. Two CD Copies fu"

TI

HIGH COII'RT DATED:0',210312026

ORDER

WP.No.4698 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS KS ls l"c

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