Telangana High Court
WP/31013/2025 of Garla Srikanth Vs The Union of India on 10 February 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 31013 OF 2025 Between: Garla Srikanth, S/o. G.Raju, Aged 34 years, Occ:
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[ 3300 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 31013 OF 2025
Between:
Garla Srikanth, S/o. G.Raju, Aged 34 years, Occ: Business, R/o. 4-41- 33, Papi Reddy Nagar, Rajadhani High School, Jagathgirigutta, Kukatpally, Medchal-Malkajgiri District-S00037.
...PETITIONER
AND
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1. The Union of lndia, Rep.by its Secretary, Ministry of Finance, New Delhi.
2. The Reserve Bank of lndia, Rep.by its Chief General Manager, 6 Sansad Marg, New Delhi-110001
3. HDFC Bank, Rep.by its Chief Manager, HDFC Bank Cards Division, PO BOX 8654, Thiruvanmiyur PO Chennai - 600 041,
4. One Card, Rep.by its Chief Manager, West Bay, Survey No.278. Hissa No.4/3, Pallod Farm, Phase-lll, Baner, Taluka Havelli, Baner Goan, Pune-41 1045.
5. Yes Bank, Rep.by its Chief Manager, Yes Bank Tower, IFC 2, 1sth Floor, Senapati Bapat Marg, Elphiston (W), Mumbai, Maharasthra- 400013.
6. lclcl Bank, Rep.by its Chief Manager, Corporate office at C59. Bandra Kuria Complex, Bandra, East fMumbai. Maharasthra-400051,
7. SBI Bank (Deleted), Rep.by its Chief Manager. State Bank Bhavan, Madame Cama [\4arg, Mumbai, Maharasthra-400021 . CT of R7 is deleted from the respondents list as per C.O.dt.7t1t2O26 in lA No.212025.
8. RBL Bank Limited, Rep.by its Chief Manager, Registered office, One world Oenter, Tower 28, 6th Floor, 841, Senapathi Bapat Marg, Lower Parel West, Mumbai-400013.
9. lndusirrd Bank, Rep. by its Chief Manager, 11th Floor, Tower 1, One lndia Bulls Centre, Jupiter Mills Compound, 841 , S.B. Marg, Elphins;tone Road (West), Mumbai-400 013
10. Axis Bank, Rep.by its Chief Manager, Axis House, C-2, Wadia lnternational Centre, Pandurang Budhkar Marg, Worli, Mumbai - 400 o25
11. IDFC First Bank, Rep. by its Chief Manager, The Square, C-61, G Block, Ground Floor to 8th floor, Bandra Kurla Complex, Bandra East, Mumbai-400051
12. Kotak Mahindra Bank, Rep. by its Chief Manager, 27 BKC, C 27, G Block,Bandra Kurla Complex, Bandra (E), Mumbai - 400051.
13. Stashfin lnstan Loan App, Rep.by its Chief Manager, Unit Nos. 1801-1805, 1806A, 18068, 1807A, 18078, and 1815, 18th Ftoor, \,,l_a_g_n.um Global Park, Golf Course Ext Road Sector 58 Gurgaon - 12201', .
14. SBI cilrds and payment services ltd, Having its Corporate office at DLF lnfinity Towers, 2nd floor, tower B, DLF city, Phase ll Gurgaon, Haryana 122021, Regional ffice Queens plaza, 3rd floor Begumpet Secunderabad Represented by its authorized signatory V S Keerthi, designiated as Asst. Manager (Legal and Collections) R14 is impleaded as per C.O. dt..28.O1.2026 in l.A. No.1/2026 ...RESPONDENTS 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 one in the nature of Writ of Mandamus declaring action of the respondernt No.3 to 13 in high handedly, arbitrarily and illegally trying to recover the amounts from the petitioner by not following circular dated 1 2-08-2022 vide RB l/2 02 2 -23 I 1 08, DO R. O RG. R EC.65 I 21 .O 4. 1 SB I ZO22- 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 daily enforcing circular protect the interest of the petitioner by duly enfrrrcing Circular dated 12-08-2O22 vide RBV2O22-2Z11OB.
DoR,oRG.REC.65/ 21-04-15812022-29 as illegal. arbitrary and unconstitutional for violating Articl e 14. 19 and 21 of ttie Constitution of lndia lA NO: 1 oF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct the Respondent Nos.3 to 13 to follow Circular.datedl 2-08-2022 vide RB1t2O22-23110A. DoR.oRG.REC.65121.04.15812022-23 issued by Respondent No.2 and with a further direction to the Respondent No.2 to duly enforce the said Circular, to protect the interest of the Petitioner against the Respondents Nos.3 to 13, pending disposal of the Writ Petition. Counsel for the Petitioner: SRl. PAPAIAH PEDDAKULA Counsel for the Respondent No 1: SMT NVR RAJYALAKSHMI, SC FOR CENTRAL GOVT REPRESENTING SRt N. BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF INDIA counsel for the Respondent No 3 & 6: sRl SUDARSHAN NARAHARI, Gounsel for the Respondent No 7: MS M.K. SREE RAMYA Counsel for the Respondent No 8: SRI VIVEK JAIN Counsel for the Respondent No.I1: SRI B. SRIHARI Counsel for the Respondent No.12: SRI V. SANTOSH Counsel for the Respondent No.14: MS K. RAMYA Counsel for the Respondents No2,4,5,9,10 & 13: -- The Court made the following: ORDER
r"" IN TH]E HIGH COURT FOR TIIE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE NAGESII BHEEMAPAI(A WRIT PETITION No.31O13 of 2o25 Dated: LA.O2.2O26 Between: Sri Garla Srikanth ...Petitioner AND The Union of India & l3 others ...Respondents aRppR: Sri I'apaiah Pedciakula, learned counsel for the petitioner; Smt. NVR Rajyalakshmi, learned Standing Counsel for Central Governmen- representing Sri N. Rhujanga Rao, learned Deputy Solicitor Gencral of lndia, lor respondent No.l; Sri Sudarshan Narahari, learned counsel for respondent Nos.3 and 6; Ms. M.K. Sree Ramya, learned counsel t'cr respondcnt No.7; Sri Vivek Jain, learned counsel [or respondent No.8; Sri B. Srihari, learned counsel for respondent No.11; Sri V. Santc,sh, Iearned counsel for respondent No.12 and Ms. K. Ramya, learned counsel for: respondent No.14.
2. When the matter is taken up for hearing, learned counsel for petil.ioner submitterl that the issue raised in this Writ Petition is squarely covered by the ordcr passed by this Court in W.p.No.lg913 of 2024, dated 22.ot\.2o24 ancl thcrefore, the same ordcr may be passed in this t I \ \
f writ petition as well. The operative portion of the said order reads as under u8. In view of the above circulars, this Court deems it appropriatc to direci the respondents to ensure that the agents engaged by them fo, ;;;;;r.,y of the loan amounts, snatt strictly follclw th<: guidelines and instructions issued by thc Reserve Bank <lf India and also ,f,.1rag*ents of the FIon,ble Supreme Court in ICICI "f"if. Ltd Vs. prakash I"".":_case (1 supra) and ICICI Bank Vs. Shanti Devi Sharmars case (2 supra).
9. With the above..direction, the writ petition is disposed of. No costs. )'
Learned cou.sel for respondent Nos.l,3,6 to g, I1, 12 ar.td 14, have no objection. 4' Accordingly, in terms of the order passed by this court in w'P'No' 18913 of 2024, dated 22.os.2024, and for the reasons alikc, 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 circurar dated r2.og.2o22 and. also the judgments of Hon'ble Supreme court in ICICI Bank Ltd. v. prakash Kaur'ls case and IcIcI Bank v. shanti Devi sharmar2s case, virhile recovering the loan amounts from the petitioner. No costs. Miscellaneous petitions, if any pending, sharl stand closed.
t' SD/.C. DEEPIKA ASSISTANT REGISTRAR (2008 7 SCC
/ffRUE COPYII SECTION OFFICER To,
The secretary, Ministry of Finance, union of lndia, New Delhi t' I i I I I
2. The Clrief General Manager, Reserve Bank of lndia, 6 Sansad Marg, New Dtelhi-110001
3. The Clrief [Vanager, HDFC Bank, HDFC Bank Cards Division, PO BOX 8654, Thiruvanmiyur PO Chennai - 600 041,
4. The Clrief [Vanager, One Card, West Bay, Survey No.278. Hissa No.4/3, Pallod Farm, Phase-lll, Baner, Taluka Havelli, Baner Goan, Pune-l1 1045.
5. The Clrief Manager, Yes Bank, Yes Bank Tower, IFC 2, 1Sth Floor, Senapati Bapat N4arg, Elphiston (W), Mumbai, Maharasthra-400013.
6. The Clrief Manager, lClCl Bank, Corporate office at C59. Bandra Kuria ()omplex, Bandra, East Mumbai. [\4aharasthra-400051,
7. The Clrief Manager. SBI Bank (Deleted), State Bank Bhavan, Madarne Cama [Vlarg, Mumbai, Maharasthra-400021 .
8. The Clrief N/anager, RBL Bank Limited, , Registered office, One world {lenter, Tower 28, 6th Floor, 841, Senapathi Bapat Marg, Lower Parel West, Mumbai-400013.
9. The Clrief [Vlanager, lndusind Bank, 11th Floor, Tower 1, One lndia Bulls Centre, Jupiter Mills Compound, 841, S.B. N4arg, Elphinstone Road ('West), Mumbai -400 013
10. The Fxis Bank, Axis House, C-2, Wadia lnternational Centre, Pandurang Budhkar Marg, Worli, Mumbai - 400 025
11. The Chief Manager, IDFC First Bank, The Square, C-61, G Blocl:, Ground Floor to 8th floor, Bandra Kurla Complex, Bandra East, Mumbai-400051
12. The C;hief [Vlanager, Kotak [\4ahindra Bank, 27 BKC, C 27 , G Blocl:,Bandra Kurla Complex, Bandra (E), Mumbai - 400051.
13. The Chief Manager, Stashfin lnstan Loan App, Unit Nos. 1801- 1805, 1806A, 18068, 1807A, 18078, and 1815, 18th Floor, Magnum Global Park, Golf Course Ext Road Sector 58 Gurgaon - 122011.
14. The authorized signatory V S Keerthi, SBI cards and payment services ltd, Having its Corporate office at DLF lnfinity Towers, 2nd floor, tower B, DLF city, Phase ll Gurgaon, Haryana 122021, Regional Office Queens plaza,3rd floor Begumpet Secunderabad desigrated as Asst. Manager (LeEal and Collections)
15. One CC to SRl. PAPAIAH PEDDAKULA Advocate [OPUC]
16. One CC to SRl. N BHUJANGA RAO Deputy Solicitor General of lndia |OPUCI
17. One C,3 to SRI SUDARSHAN NARAHARI, Advocate [OPUC]
18. One CC to [VlS M.K. SREE RAMYAAdvocate [OPUC]
19. One CC to SRI VIVEK JAlNAdvocate [OPUC]
20. One CC to S SRI B. SRIHARIRI Advocate [OPUC]
21. One CC to SRI V. SANTOSHROvocate [OpUC]
22. One CC to MS K. RAIVIYA, Advocate tOpUCl
23. Two CD Copies N,
l I HIGH COURT DATED i1010212026
ORDER
WP.No.31013 of 2025 ( THE S 1 I I,IAR 2tl2fi ) * * DISPOSING OF THE VVRIT PETITION LIT l *