WP/1661/2026 of Vatambedu Venkataramanaiah Vs Union of India on 21 January 2026

[ 3300 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FIRST DAY OF JANUARY'

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

NO: 166

Between:

6. WORTGAGE FINANCE PW LTD, Rep

251,2nd floor, 17th Cross, Sth Main Rd

Karnataka - 560102.

Vatambedu Venkataramanaiah, S/o. Vatambedu Subbaramaiah, Age 41 years, Occ ; Job Searching, Ro. MIG 172, JVR Enclave Building, 3rd Floor, ShriVenkataramana Cotony, Near Kaithalapur Flyover, KPHB XVth Phase Opp Agra Sweets, Hyderabad, Telangana - 500072.

.....PETITIONER

AND

1. Union of tndia, Represent by it's 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. Northern Arc Capital Limited, Rep by its Grievance Redressal Officer Northern Arc Capital Limited, 1Oth Floor, llTlU Research Park, 1 Kanagam Village, Taramani, Chennai 600 113, Tamil Nadu, lndia.

4. lQlcl Bank Limited, Represented by Principal Nodal Officer, Bandra-Kurla Complex, Mumbai - 400051, INDIA.

5. VlVRlTl CAPI]AL Limited, Rep by its Grievance Redressal Officer Prestige Zackria Metropolitan, 2nd Floor, Block 1, No. 20011-8, Anna Salai, Chennai -

600002.

by its Nodal Officer, Classic Converge

, 6th Sector, HSR Layout, Bengaluru,

a

.....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 in the nature of Writ of lvlandamus, declaring the action of respondent Nos. 3 to 6 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed mann(lr without following the due process of law and in blatant violation of the Reserve []ank of lndia Circular dated 12.08.2022 bearing No. RBI/2022-231

108, DOR.ORG.REC.65121.04.15812022-23, and further declaring the inaction of respondent Nc. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19,, and 21 of the Constitution of tndia, and conseque'ntly direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery meas;ures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, and further restrain resportdent Nos. 3 to 6, their agents, recovery agents, executives, managers, or irny person acting on their behalf from engaging in any acts of intimidation, harassment, humiliation, or intrusion into the privacy of the petitioner or his family nrembers, referees or friends, including persistent or anonymous calls, threatening messages,'or physical visits to the petitioner's 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 6 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 6 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circula r dated 111.08.2022.

Counsel for the Petitioner : SRI BONTHU LOKESH PHANINORA REDDY

Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, DEPUW

SOLICITOR GEI\IERAL OF INDIA

Counsel for the l?bspondent Nos.2 to 6 : - The Court made the following ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEII{APAKA

WRIT

ON

rol

2t.o

No. I

1.

Between:

Vatam bedu Venkataram anaiah

...Petitioner

AND

Union of India,

Represented by its SecretarTr,

Ministry of Finance, New Delhi & 5 others .oBDER:

...Respondents

Heard Sri Bonthu Lokesh phanindra Reddy, rearned counser for the petitioner and sri N.Bhujanga Rao, rearned Deputy solicitor Generar of India, for respondent No.l. perused the record 2'

when the matter is taken up for hearing, learned counser for petitioner submitted that the issue raised in this writ petition is squarely covered by the order passed hy this court in w'P'No' 189J.3 of 2024, dated 22.og.2o24 and. therefore, the sarne I

z

order may be passed in this writ petition as well' The operative portion of the said order reads as under:

"8. In vigw of the above circulars, this Court <leems it appropriate to direct the respondents to onsure th;i the agents engaged by them for recovery of the loan amounts, shall strictly follow the grid.li.,"s and instructions issued by the Iteseire Bank of India and also the judgments of the Hon'hle Suprente Court in ICICI Bank Ltd Vs'

I'rakash Kaur'i case (1 supra) and ICICI Bank Vs'

tihanti Devi Sharma's case (2 supra)'

!r.

With the above direction, the writ petition ts

c.isposed of. No costs."

Learne:d. Deputy Solicitor General of India for respondent No.1 has no objection.

4.Accordingly,intermsoftheord.erpassedbythisCourtin

w. p. No. 1 89 I 3 0f 2024, dated 22 .08.2024 , and for the reasons alike, this vrrit petition is disposed of directing the respondent authorities and their agents to scrupulously follow the guidelines/irrstructions issued by the Reserve Bank of lndia in its circular dated 12.08.2022 and also the judgments of Hon'ble supreme co,rrt in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank .y. shanti Devi sharma'2s case, while recovering the loan amounts from the petitioner' No costs 1 [2007) 2sccTlI

, (2008) 7 SCC532

/ /

Pending miscellaneous apprications, if any, shall stand closed.

SD'.,C. D

ASSISTANT

/TRUE GOPY/

SECTION OFFICER

To

2.

4.

5.

6.

B

SA

GJP

9. Two CD CoPies

rdr rq

HIGH COURT

DATED:2110112026