Telangana High Court
WP/1958/2026 of Vishwa Brahmana Chaitanya Kumar Vs Union of India on 23 January 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1958 OF 2026 Between: Vishwa Brahmana Chaitanya Kumar, C/o. Vishwa
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE TWENTY THIRD DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 1958 OF 2026
Between:
Vishwa Brahmana Chaitanya Kumar, C/o. Vishwa Brahmana Omkarachari Age- 33
years, Occ- Buisness, No. 28-2-151, B0 feet Road, Anantapur, Navodaya Colony, Ananthapuram, Andhra Pradesh - 515001 PAN NO- AYYPC1652Q.
.....PETITIONER
AND
'1 . Union of lndia, Represent by its Secretary, Ministry of Finance, New Delhi.
2. Reserve Bank of lndia (RBl), Represent by its Chief General l\/anager, 6:1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.
3. HDFC Bank Limited, Represented by its Nodal Officer 8th Floor, HDFC Bank House, Road No.1, Banjara Hills, Hyderabad - 500 034.
4. SBI Cards and Payments Services Private Limited, Rep by its Principal Nodal Officer, DLF lnfinity Towers, Tower C, 10th-12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon -122002 (Haryana).
5. Kotak Mahindra Bank, Rep by its Principal Nodal Officer, Kotak lnfiniti, 4th floor, Zone 1, Bldg No. 2'1 , lnfinity Park, General AK Vaidya lMarg, Malad (E)'
Mumbai - 400097.
I
6. Axis Bank, Rep by its Nodal Officer Axis Bank Ltd., Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No-1, Banjara Hills, Hyderabad -
500034.
7. YES BANK, Rep by its Principal Nodal Officer, YES BANK House, Off Western Express Highway, Santacruz East, Mumbai - 400055
8. Bajaj Finance Limited, Rep by its Principal Nodal Officer Bajaj Finance Limited, A-wing 2nd Floor, Mantri Business Park, Viman Nagar, Pune, lvlaharashtra - 411 014.
9. EarlySalary Services P\i't. Ltd, Rep by its Grievance Redressal Officer 404'
The Chambers, Viman Nagar, Pune, 411014, Maharashtra.
'10.PayU Finance lndia Pvt lndia, Rep by its Principal Nodal Officer PayU
Finance lndia Private Limited, Empresa Building, Office No. 102, Second Road, Khar West, Mumbai, Maharashtra-400052.
ll.Krazybee Services Private Limited, Rep by its Principal I lodal Officer KrazyBee Services Limited,3rd Floor, No. 128/9, Maru lisapphire, HAL Old Airport Road, I\zlurugesh Palya, Bangalore - 56001 7.
.....RESPONDENTS
Petrtion Under Article 226 of the Constitution of lnclrr praying that in the carcumstances stated in the affidavit filed therewith, th€ High Court may be pleased to issue an appropriate Writ, Order, or Direction, rr rre particularly in the nature of Writ of l\randamus. declaring the action of respc r dent Nos 3 to 1 .l in attempting to recover amounts from the petitioner in an arbit ary, illegal, and high- handed manner without following the due process of law an j in blatant violation of the Reserve Bank of lndia circular dated 12.08.2022 bear.rg No. RBI/2022-23l 108, DOR.ORG.REC 65/21.04.15812022-23, and further drr laring the inaction of respondent No. 2 in enforcing the said circular as unconstitL.ional and violative of Articles 14, 19, and 21 of the constitution of lndia, and cr rsequently direct the respondent authorities to refrain from undertaking any ;oercive or unlawful recovery measures against the petitioner and to stric y romply with the due process of law and the aforesaid circular in all recovery pr:;eedings, and further restrain respondent Nos. 3 to '1 .1 , their agents, recover) agents, executives, managers, or any person acting on their behalf from en; rging in any acts of intimidation, harassmenl, humilration, or intrusion into the pr vacy of the petrtioner or his family members, referees or friends, including pets stent or anonymous calls, threatening messages, or physical visits to the pet t lners premises, and further direct respondent No. 2 to enforce the said RBI cirr;r lar in letter and spirit and to initiate appropiate and stringent action against I re, errant officials of respondent Nos. 3 to 11 for violating legal norms, and penci g drsposal of the wrrt petition, direct the respondent Nos. 3 to '1 1 not to resort to ir y coercive measures against the petitioner except through lav'rful means and in ; rict adherence to the Circular daled 12.08 2022.
Counsel for the Petitioner : SRI BONTHU LOKESH PHANlt\ DRA REDDy Counsel for the Respondent No.1:
CENTRAL GOVT
SRI G.VENKATESWATI .U, SC FOR
Counsel for the Respondent Nos.2 to 11 : - The Court made the following ORDER
i
\
IN THE HIGH COURT FOR THE STATE CF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
lIIRIT PETITION No.1958 of 2026
Dated: 23.O1.2026
Between:
Sri Vishwa Brahmana Chaitanya Kurrrar
...Petitioner
AND
TI-re (Jnion of India & 10 others
.,.Respondents
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ORDER:
Ms. Thakur Manaswini Singh, learned counsel representing Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioncr and Sri G. Venkateshvarlu, learned Standing Counsel for Central Government, for respondent No.1.
2. When the matter is taken up for hearing, learned counscl for petitioner submitted that the issue raiseu in this Writ petition is squarcly covcred by the order passed by this Court in W.P.No. 18913 of 2024, dated 22.O8.2024 and therefore, the same order may be passed in this rn,rit pctition as wel[. The operative portion of the said order reads as under: "8. In view of the abovc circulars, this Court dcems it appropriate to direct thc ruspondents Lo II
--*.t:r I ensure that the agents engaged by them fo' of the l,ran amounts, shall strictly fr,, guidelines and instructions issued by tl-r,: Bank of lndia and also the judgments of tLr Suprcme Court in ICICI Bank Ltd Vs. Kaur's c:Lsr' (1 supra) and ICICI Bank Vs Devi Sharma's case (2 supra). aecovery or.l, the Reserve H on'ble Prakash Shanti
9. With thc above direction, the writ 1i tition is disposecl of. No costs."
3. Learned St.rndi, g Counsei for respondent No.1, hz s no objection
4. Accordingly, in terms of thc order passed 1r' this Court in W.P.No.1tl9 13 of 2024, clatcd 22.O8.2024, and for the :rasons alike, this writ Pe tition rs disposecl of dirccting the respondent aui Lorrties and thcrr agcnts to scrupr.rlouslr, lollou, thc guidclines / instrucli r rs issued b1, the Rescrve Bank of lnc]iir in its C'ircular dated 12.08.2,22 and zrlso the judgments of Hon'ble Supreme Courl in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharn.a'2s casc. while recovering [he loan al-n()unLs lrom the petitioner. No cc s is. MiscellancolLs pctitions, if any pending, shatl ,tand closed 1(2007 2(2008 cc 711 cc 532 )2S )7S //TRUE COPY' SD/. AH\ ED ABDULLA KHAN AS{i qTANT REGISTRAR '\ \ \ dtcrroru oFFtcER To '1. The Secretary, Unron of lndia, Ministry of Finance, Nevr felhi
2. The Chief General [\,4anager, Reserve Bank of lndia (RE ), 6-1-65, Secretariat Road, Saifabad, Hyderabad - 500004.
3. The Nodal Officer, HDFC Bank Limited, Bth Floor, HDF ( : Bank House, Road No.1, Banjara Hills, Hyderabad - 500 034.
4. The Principal Nodal Officer, SBI Cards and Payments l;rvices Private Limited, DLF lnfinity Towers, Tower C, 'l0th-12th Floor ltock 2, Buitding 3, DLF Cyber City, Gurgaon -122002 (Haryana).
5. The Frincipal Nodal Officer, Kotak Mahindra Bank, Kota < lnfiniti,4th floor, Zone 1, Bldg No. 21, lnfinity Park, General AK Vaidya \ arg, Malad (E), Mumbai - 400097. )
6. The Nodal Officer, Axis Bank, Axis Bank Ltd., Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No-'l , Banjara Hills, Hyderabad - 500034.
7. The Principal Nodal Officer, YES BANK, YES BANK House, Off Western Express Highway, Santacruz East, Mumbai - 400055.
8. The Principal Nodal Officer, Bajaj Finance Limlted, Bajaj Finance Limited' A- wing 2nd Floor, tvlantri Business Park, Viman Nagar, Pune, lVlaharashtra - 41 1
9. The Grievance Redressal Officer, EarlySalary Services Pvt. Ltd' 404, The Chambers, Viman Nagar, Pune,4'1 '1014, Maharashtra- '10.The Principal Nodal Officer, PayU Finance lndia Pvt lndia, PayU Financ-e lndia Private Limited, Empresa Building, Office No. 102, Second Road, Khar West, Mumbai, Maharashtra-400052.
11. The Principal Nodal Officer, Krazybee Services Private Limited, KrazyBee Services Llmited, 3rd Floor, No. 128/9, tr/aruthi Sapphire, HAL Old Airport Road, Murugesh Palya, Bangalore - 560017.
12. One CC to sRl BON1HU LOKESH PHANINDRA REDDY, Advocate [oPUC]
13. One CC to SRI G VENKATESWARLU, SC FOR CENTRAL GOVT, Advocate toPUCl '14. Two CD Copies SA CJP v
I I HIGH COURT DATED:2310112026
ORDER
WP.No.1958 of 2026 DISPOSING OF THE W.P IE sra 0 I rt8 2026 ( )) ?, \, .t G \$, b WITHOUT COSTS.
6. )s