WP/6123/2026 of Neelakantha Dash Vs Union of India on 26 February 2026

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

2. Reserve Bank of lndia{RBl), Represent by its Chief General Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.

3. RBL Bank, Rep by its Principal Nodal Officer, One World Centre, Tower 28, 9th Floor, 841, Senapati Bapat Marg, Lower Parel West, Mumbai - 400 013, lndia.

4. B44 Finance Limited, Rep by its Principal Nodal Officer, A-wing 2nd Floor, Manhi Business Park, Viman Nagar, Pune, Maharashtra - 411014.

5. SBI Cards and Payment Services P!rt. Ltd, Rep by its Principal Nodal Officer, DLF lnfinity TowErs! Tower C, 10th-12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon -122002 (Haryana).

6. Kotak Mahindra Bank Ltd, Rep by its Principal Nodal Officer, Kotak lnfiniti, 4th floor, Zone 1, Bldg No. 21, lnfinity Park, General AK Vaidya Marg, Malad (E),

7. IDFC First Bank Ltd, Rep by its Principal Nodal Officer, Kotak lnfiniti, 4th floor, Zone 1, Bldg No. 21, lnfinity Park, General AK Vaidya Marg, Malad (E), Mumbai - 400097.

8. Yes Bank, Rep by its Principal Nodal Officer, YES BANK House, Off Western Express Highway, Santacruz East, Mumbai - 400055

9. Federal Bank, Rep by its Principal Nodal Officer, Federal Towers, Aluva Ernakulam Kerala, lndia 663101. ...RESPONDENTS Petition under Article 226 ot 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 09 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 12.08.2022bearing No. RBll2022-2it 108, DOR.OIRG.REC.65/21.04.158t2022-23, and further dectaring the inaction of respondent lrlo. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19, and 21 of the Constitution of India, and consequenfly direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery meirsures against the petitioner and to strictly comply with the due process of larrv and the aforesaid circular in all recovery proceedings, and further restrain resp,)ndent Nos. 3 to 09, their agents, recovery agents, executives, managers, 01 any person acting on their behalf from engaging in any acts of intimidation, lrarassment, 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 petitioners 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 09 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 09 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated 1 2.08.2022. Counsel for th,e Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No..t: SMT. NVR.RAJYA LAKSHMI, SC FOR CENTRAL FOR SRI N.BHUJANGA RAO, Deputy Soticitor Generat of tndia Counsel for the Respondent Nos.2 TO 9: - The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TEL/INGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION No.6123 of ,w)6

26. Neelakantha Dash The Union of India, Represented by its Secretary, Ministry of Finance, New Delhi & 8 others Respondents o \ Heard Sri Bonthu Lokesh Phanindra, learned counsel for the petitioner and Smt NVR Rajya Laskhmi, learned Standing Counsel for Central Government. Perused the record.

2. 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 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 \ II I

.2 recovery of the loan amounts, shall strictly follow the guidelines and instructicns issued by the Reserve Bank of India and also the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaufs 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. [.ea::ned counsel for respondent No. I has no objection.

5. Accordingly, in terms of the order passed by this Court in W.P.No. 1{1913 of 2O24, dated 22.08.2024, and for the reasons alike, thir; writ petition is disposed of directing the respond.ent authorities and their agents to scrupulously follow the guidelines /instmctions issued by the Reserve Bank of India in its Circular <lated 12.08.2022 and also the judgments of Honble Supreme tlourt in ICICI Baak Ltd. v. prakash Kaur'rs case and ICrcI Bank v. shanti Devi sharma'2s case, while recovering the loan amou.nts from the petitioner. No costs. Pen.ding miscellaneous applications, if any, shalt stand closed. I (2007) 2 SCc;711 '(2008) 7 scci 532 To I'TRUE COPY" SD/-C. DEEPIKA ASSISTANT REGISTRAR SECTION OFFICER Delhi '1. The Se<;retary, Union of lndia, Ministry of Finan

2. The Chief General Manager, Reserve Bank of I Road, Saifabad, Hyderabad - 500004. (RBl), 6-1-65, Secretariat

\

3. The Principal Nodal Officer, RBL Bank, One World Centre, Tower 28, 9th Floor, 841 , Senapati Bapat Marg, Lower Parel West, Mumbai - 400 013, lndia.

4. The Principal Nodal Officer, Bajaj Finance Limited, A-wing 2nd Floor, Mantri Business Park, Viman Nagar, Pune, Maharashtra - 411014.

5. The Principal Nodal Officer, SBI Cards and Payrnent Services Pvt Ltd, DLF lnfinity Towers, Tower C, 10th-12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon -122002 (Haryana).

6. ThePrincipal Noddl Officer,'Kotak lt/lahindra Bank Ltd, Kotak lnfiniti,4th floor, Zone 1, Bldg No. 21, Infinity Park, General AK Vaidya [/arg, Malad (E),

7. The Principal Nodal Officer, IDFC First Bank Ltd, Kotak Infiniti, 4th floor, Zone 1, Bldg No. 21, lnfinity Park, General AK Vaidya Marg, Malad (E), Mumbai - 400097.

8. The Principal Nodal Officer, Yes Bank, YES BANK House, Off Western Express Highway, Santacruz East, l/umbai - 400055 9, The Principal Nodal Officer, Federal Bank, Federal Towers, Aluva Ernakulam Kerala, lndia 663101.

10. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate IOPUC]

11. One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC]

12. Two CD Copies PSK. II

\ \ HIGH COURT DATED i?-G10212A26

ORDER

WP.No.6123 of 2A26 DISPOSING OF THE WRIT PETITION WITHOUT COSTS * tI o 'I-) t tiE S 1 2 trr\q ltllf, * * OF