Telangana High Court

WP/1972/2026 of Arpula mahesh Vs Union of India on 23 January 2026

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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: 1972 OF 2026 .,...RESPONDENTS Petition Under Article 226 of lhe

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: 1972 OF 2026

., ...RESPONDENTS

Petition Under Article 226 of lhe 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 lVlandamus, declaring the action of respondent Nos. 3 to 7in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- Between:

Arpula Mahesh, S/o Arpula Venkatesh, Age 35 years, Occ;Job Searching, Rl/o 48- '136/1 , Ram Reddy Nagar, Near Fr Francis [Vlemorial Hiqh School, Chintal, pO- Township Hyderabad, Telangana- 500054 Pan No- ClMPA3357E.

.....PETITIONER

AND

1. Union of lndia, Represent by it's Secretary, fVlinistry of Finance, New Delhi

2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad lvlarg, New Delhi - 1 10001.

3. HDFC Bank Limited, Represented by its Principal Nodal Officer, 5th Floor, Tower B, Peninsula Business Park, Lower Parel West, Mumbai 4000'13.

4. EarlySalary Services Pvt. Ltd, Rep by its Grievance Redressal Officer 404, The Chambers, Viman Nagar, Pune, 411014, Maharashtra.

5. StV'lFG lndia Credit,, Rep by its Pdncipal Nodal Officer B Wing, 6th Floor, Supreme Business Park, Powai, N/umbai -'400076. t Kisetsu SaiSon Finance (lndia) Private Limited, Rep by its Nodal Officer, Unit no 301, 3rd Floor, Mantri Avenue, KHB Games Village, Koramangala, Bengaluru, Karnataka 560047.

I

Asset Recofstructron Company (lndia) Limited, Rep by its Grievance Redressal Qfficer The Ruby, 1Oth Floor,29, Senapati Bapat tVarg, Dadar (West), Mumbai - 400 028.

o

handed manner without following the due process of law an the Reserve Bank of lndia Circular daled 12.08.2022 bet '108, DOR.ORG.REC.65/21 .04.15812022-23, and further de respondent No. 2 in enforcing the said Circular as unconst t Articles 14, 19, and 21 of the Constitution of lndia, and r; respondent authorities to refrain from undertaking any recovery measures against the petitioner and to stric l process of law and the aforesaid Circular in all recovery p r restrain respondent Nos. 3 to 7, their agents, recove- managers, or any person acting on their behalf from err, intimidation, harassment, humiliation, or intrusion into the gr or his family members, referees or friends, including per calls, threatening messages, or physical visits to the pet 1

further direct respondent No. 2 to enforce the said RBI Cir:

and to initiate appropriate and stringent action against respondent Nos. 3 to Tfor violating legal norms, and pendir petition, direct the respondent Nos. 3 to Tnot to resort to ir against the petitioner except through laMul means and in s Circular dated 12.08.2022.

i in blatant violation of

ing No RBll2O22-231

:laring the inaction of

rtional and violative of

,nsequently direct the

coercive or unlawful

comply with the due

ceed ings, and further

agents, executives,

aging in any acts of

ivacy of the petitioner

,istent or anonymous

oner's premises, and

rlar in letter and spirit

te errant officials of

g disposal of the writ

ry coercive measures

.rict adherence to the

Counsel for the Petitioner : SRI THAKUR MANASWINI Slil,iH, ADVOCATE FOR

SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent No.1 : SRI G.VENKATESHWT\ lLU, SC FOR

CENTRALGOVT

I

Counsel for the Respondent Nos.2 to 7

The Court made the following ORDER

I

I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEDMAPAKA

WRIT PETITION lYo.L972 of 2(J26

Dated: 23.OL.2026

Between:

Sri Arpuia Mahesh

... Petitioner

AND

The Union of India & 6 others

, ..Respondents

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ORDER:

Ms. Thakur Manaswini Singh, learned counsel representing Sri Bonthu Lokesh Phanindra Reddy, learncd counsel for the petitioner and Sri G. Ve r-rkateshvarlu, learned Standing Counsel for Central Government, for respondent No. 1 j

2. When the matter is taken up for hearing lcarnecl r:ounsel 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. la9l3 of 2024, dated 22.08.2024 and therefore, the same order may be passed in this writ pc[ition as well. The operative portion of the said order reads as under: "8. In view of the above circular-, this Court deems it appropriate to direct the respondents to I I

!r-\ --clqq ' ,t \-r1 \- ensure that the agents engaged by them for recovery of the Ioan amounts, shall strictly fl low the guidelineu and instructions issued by the Reserue Eank of India and also the judgments of tlt ' Hon'l:le Supreme Court in ICICI Bank Ltd Vs' Prakash Kaur's case (1 supra) and ICICI Bank !s' Shanti Devi Sharma's case (2 suPra).

9. With the above direction, lhe writ [ ]Lltlon IS disposcd of. No costs."

Learned Stancling Counsel for respondent No 1, h Ls no objection

4. Accordingly, in terms of the order passed : W.P.No.189 l3 ot 2024, dated 22.O8.2024, and for the r WriL Pctitiolr is disllosed of directing the respondent alL agents lo scrupulor-rslrv follor',' the guideline s / instruct r Reserve tsank ol India in its Circular dated 12'O8 I ( judgments of Hon'ble Supreme Court in ICICI Banl< Kaur'1s casc ancl ICICI Bank v. Shanti Devi Shat'l recoverlng Lhe loat'r .lmounts from the petitioner. No c ) r this Court in rasons alike, this horities and their ns rssued by the 22 and also the Ltd. v. Prakash ra'2s case, while its. Miscellaneous petitions, if any pend'ing, shalt stand closed 1(2007) 2SCC711 2(2008) 7 SCC s32 //TRUE COPY// SD/. AF]I IED ABDULLA KHAN ASIi STANT REGISTRAR To \ \i SECTION OFFICER \

1. The Secretary, Union of lndia, Ministry of Finance\.Ner Delhi.

2. The Chief General [\4anager, Reserve Bank of lndih'(FX il), 6, Sansad Marg, NewDelhi - 110001.

3. The Principal Nodal Officer, HDFC Bank Limited, 5th [: ror, Tower B, Peninsula Business Park, Lower Parel West, Mumbai z 10013.

4. The Grievance Redressal Officer, EarlySalary Services P\d. Ltd' 404, The Chambers, Viman Nagar, Pune, 41 1014, Maharashtrz . \

5. The Principal Nodal Officer, SMFG lndia Credit, B Wing, 6th Floor, Supreme Business Park, Powai, lVlumbai - 400076.

6. The Nodal Officer, Kisetsu Saison Finance (lndia) Private Limited, Unit no 301, 3rd Floor, Mantri Avenue, KHB Games Village, Koramangala, Bengaluru, Karnataka 560047.

7. The Grievance Redressal Officer, Asset Reconstruction Company (lndia) Limited, The Ruby, 1Oth Floor, 29, Senapati Bapat ltilarg, Dadar (West), Mumbai - 400 028. B. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC]

e. one CC to SRI G.VENKATESHWARLU, SC FOR CENTRAL GOVT, Advocate IOPUC]

10. Two CD Copies SA GJP I

tt HIGH COURT DATED:2310112026

ORDER

WP.No.1972 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. C' sITIE ljt I:[8 m i * -* II

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