WP/3743/2026 of Gunji Thanish Vs Union of India on 2 March 2026

1. Union of lndia, Represent by its Secretary, Ministry-of Finance, New Delhi.

2. neserve Bankof lhdia (RBli, Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 110001-

3. aCICI Brnk timiteO, Represented by Principal NodalOfficer, Bandra-Kurla Complex, Mumbai - 400051, INDIA-

4. HDFb gdnf Lim1ed, Represented by its Principa.l-Nodal Officel, S_th_F.bor, To-wei g, Peninsula Business Park, Lower Pgrel{e-st, tvlumbai400013.

5. Sei Caids anO piyments Services Private Limited, Rep..by.its Plincipal Nodal Officei, O1f tnfinity Towers, Tower C, 10th-12th FIoor, Block 2, Building 3, DLF Cyber City, Gurgaon -122OO2 (Haryana) ..RES'ONDENTS 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 5 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 1210812022 bearing No. RB1/2022-231 10g, DOR.ORG.REC.65t21.04.158 2022-23 and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional 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 5, their agents, recovery agents, executives' managers, or any person acting on their behalflfrom 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. threateling messages, or physical visits to the petitioners premises, and further direct r-espondent No. 2 to enforce the said RBI Circular in letter and spirit and to initiat,= appropriate and stringent action against the errant officials of respondent Ncs. 3 to 5 for violating Iegal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 5 not to resort to any coercive measures against the pr:titioner except through lawful means and in strict adherence to the Circular datecl 1210812022- Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY Counselfor the Respondent No.l: SMT. NVR.RAJYALAKSHMI, SC FOR CENTRAL GovT. rcin snt N. BHUJANGA RAo Deputy Solicitor General of lndia Counsel for the Respondent Nos.2 TO 5: - The Court made the following: ORDER

\,I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI{A WRIT ON No.3743 of 2o26 Date d: O2.O3.2o26 Between: Sri Gunji Thanish ...Petitioner AND The Union of India & others ...Respondents ER: sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner and Smt. NVR. Rajyalakshmi, learned Standing Counsel for central Government representing sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No.1.

2. when the matter is taken up for hea.ring, 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. [n 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 aI

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 TCICI Bank Vs. Shanti Devi Sharma's case (2 supra).

9. With the above diredtion, the writ petition is disposed of. No costs."

3. Learned Standing Counsel for respondent No. I has no objection.

4. Accordingly, in terms of the order passed by this Court in W.P.No.18913 of 2024, dated22.O8.2O24, and for the reasons alike, this Writ Petitic,n is disposed of directing the respondent authorities and their agents to s;crupulously follow the guidelines/instructions issued by the Reserve B:rnk of India in its Circular dated 12.08.2022 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls ca-se and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts frorn the pe[itioner. No costs. Misc:ellaneous petitions, if any pending, shall stand closed. I (2007) '(2008) 2scc7't1 7 scc 532 To /ITRUE COPY// The Secretary, Union of lndia, Ministry of Finance,

2. The Chief General Manager, Reserve Bank of lndia SD/-C. DEEPIKA ASSISTANT REG]STRAR SECTION OFFICER Delhi. l), 6, Sansad Marg,

New Delhi - 110001 .

s. fhe prinCipai Nodat officer, lClCl Bank Limited, Bandra-Kurla Complex' Mumbai -400051 ,lNDIA. + itre princioii ttoO'at Officer, HDFC Bank Limited, Sth Floor, Tower B, .' Penins,ula'Business Park, Lower Parel West, Mumbai 400013' s rtre piiniioat Nodal Officbr, SBI Cards and Payments Services Private

- iimite,t, olf tnfinity towers, Tower C, 10th-12ih Floor' Block 2, Building 3' DLF Cyber City, Gurgaon -1220:92 (!t.ar-Vg!g}- - -

6. on; cdto Sni'eoNinu toresH'PHANINoRA REDDY, Advolate tgP!.ql.

7. G; cc io Snt N.aHu.JRNee RAo, Deputv SolicitorGeneral of lndia [oPUCl

8. Two CD Copies PSK. il I I I I

HIGH COURT DATED:0210312026

ORDER

WP.No.:]743 ot 2026 o .)

(o THE S 1 2 Hlq ;nln z , P.{rc * DISPOSING OF THE WRIT PETITION WITHOUT COSTS l0 \a 3lab .t I