Telangana High Court
WP/3632/2026 of Banoth Ramesh Vs Union of India on 6 February 2026
STATE OF TELANGANAAT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHE WRIT PETITION NO: 3632 OF 2026 t 33001 PETITIONER Between: Banoth Ramesh, S/o lianoth Bichya, Aged about 40 years, Occ
HIGH COURT FORTHE STATE OF TELANGANAAT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE SIXTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHE
WRIT PETITION NO: 3632 OF 2026
t 33001
PETITIONER
Between:
Banoth Ramesh, S/o lianoth Bichya, Aged about 40 years, Occ Agriculture, No. 7-2-1911, BabunaikThandaa, Mahabubad, Warangal, Telangana 1 . Union of lndia, Rep. by its Secretary, Minisky of Finance, New Delhi
2. Reserve Bank of India,
Marg, New Delhi-11000
RBI) Rep. by its Chief General Manager, 6, Sansad (
3. Cholamandalam lnvestments and Finance Company Limited, Door No. 2, NSC Bose Road, Parry, Chennai-600001.
...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 writ order or direction especially one in the Nature of Writ of Mandamus declaring the action of 3rd respondent in attempting to recover amounts from the Petitioner in illegal, arbitrary and high-handed manner without following the due process of law and in blatant violation of the Circular dt.
1 2l OB I 2022 vid e No. RBI I 2022-23 I 1 08 ( DO R. ORG. O RG RE C. 65/2 1 . 0 4. 1 581 2022-
23) in all issued by the 2nd respondent and further declare the inaction of the 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 Circular issued by the 2nd respondent dated 121O812022
vide No. RBll2O22-231108 (DOR.ORG REC.65/21.04.15812022-23) in all recovery l)roceedings and further restrain the 3rd respondent, their agents, recovery agents, executives, managers or any person or persons acting on behalf of the 3rd respondent from engaging in any acts of intimidation, harassment, humiliation or intrusion into the privacy of the petitioner and his family metnbers, referees friends, including persistent or anonymous calls, threatening messages or physical visits to the petitioner premises.
lA NO: 1 Ott 2026
Petiti,rn 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 3r'd respondent not to take any coercive steps against the petitioner except thro'Igh lawful means and in strict adherence to the Circular dt.
12-08-2022, pending disposal of the main writ petition.
Counsel for:the Petitioner: SRt SHAKAPURAM RAMESH
counselfor the Respondent No.1: SMT NVR.R^AJYALAKSHM|, SC FOR CENTRAL GOW., REP.
SRI N.BHUJANGA RAO,
DEPUW SOLICITOR GENERAL OF tNDtA
The Court made the following: ORDER
s
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A
WRIT PETITION No.3632 of 2o26
Dated: 06.02.2A26
Between:
Sri I3anoth Ramesh
...Petitioner
AND
The Union of India & 2 others
...Respondents
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ORDER:
Sri Shakapuram Ramesh, learned counsel for thc petitioncr and Smt. I!VP. Raj-valakshmi, Iearned Standing Counsel flor Cenrral Governmcnt representing Sri N. I3hujanga Rao, lcarned l)eputy Solicitor Gencral o[ India, for respondent No. t.
2. When ttre matter is takcn up frrr hearing, learned counsel for petit.ioner submitted that thc issuc raiscd in this Writ Pctition is squarely covercd by t.he orcler passt:d b), this Court in W.[).No. lijql:] ol 20'24, datecl 22.O8.2O24 and thereforc, the sarnc ordcr may lrc passed in this writ pctition as well. Thc opcrative portion ol'the saicl ordcr reads as under: "8. In view of the above circulars, this Court deems it appropriatc 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 t I ,t /
Bank of lndia and also the judgments of the Flon'ble Supremc Court in ICICI Bank Ltd Vs. prakash Kaur's 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 cost-s."
3. Learned Standing Counsel for respondent No.1, has no objcction.
4. Accor,lingly, in terms of the order passed b), this CourL in W.P.No.189 t3 ol 2024, dated 22.Ot).2024, and for the rcasons alikc. this Writ Petition is clis;loscd o[ directing the respondent aurhorities ancl l-hcir :igents to scrupulousiy follow the griidclines/instmctions issued tt1, 15" Reserve Bank of India in its Circular dated 12.08.2022 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakasir Kaur'1s case and ICICI Bank v. Shanti Devi Sharma'2s case, ,,r'hilc re:covering thr-' loan amounts lrom the petitioner. No costs. Miscellaneolrs petitions, if any pending, shall stand closccl ? P.PON REGISTRAR //TRUE COPY// SECTION OFFICER To, NA
1. The Secretary, Ministry of Finance, New Delhi,
2. The Chief General Manager, Reserve Bank of New Dellti-1 10001
3. Cholamandalam lnvestments and Finance Company Limited, Door No. 2, NSC Bose Road, Parry, Chennai-600001.
4. One CC to SRI SHAKAPURAM RAMESH, Advocate [OPUC]
5. One CC to SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF lNDlA, Hi1lh Court for the State of Telangana at Hyderabad [OPUC]
6. Two CD C:opies of lndia. (RBl), 6, Sansad Marg, \ BSR %
:t HIGH COURT DATED: 610212026 IHE S t ?iil6 I i:8
f-t.t * WP.No.3632 ot 2026 /' DISPOSING OF THE WRIT PETITION TTHOUT COSTS / ,