Telangana High Court

WP/1432/2026 of Shaik Ismail Jabiulla Vs Union of India on 20 January 2026

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THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA WRIT'PETITION NO: 1432 OF 2026 Between: Shaik lsmail Jabiulla, S/o Shaik Juber Basha, Age

[ 33001

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTIETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRIJUSTICE NAGESH BHEEMAPAKA

WRIT'PETITION NO: 1432 OF 2026

Between:

Shaik lsmail Jabiulla, S/o Shaik Juber Basha, Age 31 Years, Occ ; Job Searching, No 34122, Mahaboob Basga Street, Rayachoti, Cuddapah, Andhra Pradesh -

516269.

.....PETITIONER

AND

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

2. Reserve Bank of lndia (RBl), Represent by its Chief Geneial Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.

3. lClCl Bank Limited, Represented by Chief Manager, lClCl Bank Tower. 7th floor, Plot No 12, Survey no 115127 , Nanakramguda, Serilingampally.

Rangareddy District, Telangana State - 500032.

4. HDFC Bank Limited, Represented by its Nodal Officer 8th Floor, HDFC Bank House, Road No.1, Banjara Hills, Hyderabad - 500 034.

5. DBS Bank Limited, Rep by its Principal Nodal Officer The Ruby Towers, 6th Floor, Senapati Bapat Marg, Dadar (W), Mumbai - 400 028, lndia.

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

7. Hero Fincorp Limited, Rep by its Grievances Nodal Officer A-44, Mohan Co- Operative lndustrial Estate, Mathura Road, New Delhi -'1 10044.

8. L AND T Finance Limited, Rep by its Principal Nodal Offiber, L and T Finance Limited, 7th Floor, Brindavan Building Plot No 177, C.S.T Road, Kalina, Santacruz (East), Mumbai - 400098.

9. lndusind Bank Limited, Rep by its Regional Nodal Officer (RNO) 1-10-72, 4th Floor, Ashok Chambers, Nalli Silks Building, Begumpet, Hyderabad - 500016.

.....RESPONDENTS

Petitiorr Under Article 226 of the Constitution of lndia praying that in the circumstance:s 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 Mandamus, declaring the action of respondent Nos. 3 to 9 in attempting to recover amounts from the petitioner in an arbitrary, illegal, and high- handed manner without following the due process of law and in blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearing No. RBll2022- 23t1OB, DOR.ORG.REC.65/21.O4.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14, 19, and 21 of the Constitution of India, 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 aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 9, their agents, recovery agents, executives, managers, or any 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 rnembers, referees or friends, including persistent or anonymous calls, threatening messages, or physical visits to the petitioner's premises, and further direct rerspondent 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 Nor;. 3 to 9 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 9 not to resort to any coercive measures against the petitioner except through laMul means and in strict adherence to the Circular dated 12.08.2022.

Counsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent No.1 : SMT N.V.R.RAJYA LAKSHMI, SC FOR

CENTRAL GOVERNMENT

Counsel for the Respondent Nos.2 to 9 : - The Court made' the following ORDER

t?

/

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No. L432 of 2o26

20.oL.2026

Between:

Shaik Ismail Jabiulla

...Petitioner

AND

The Union of India,

Represented by its Secretary,

Ministry of Finance, New Delhi & B ottrers

...Respondents

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ORDER:

Heard Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner and Smt NVR Rajya l-akshmi, learned Standing Counsel for Central Government. Perused the record.

2. When the matter is taken up for hearing, learned counsel 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.1B9i3 of 2024, dated 22.08.2024 and, therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under: "8. In view of the above circulars, this Court deems it appropriate to direct the respondents to

I t I /

ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank of India and also the judgments .of the Hon'ble Supreme 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 costs." Learned counsel for respondent No.1 has no objection. Accorlingly, in terms of the order passed by this Court in alike, this 'vrit 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 Circular dated 12.08.2022 and also the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank'v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if &fly, shall stand closed W.P.No.18913 of 2024, dated 22.08.2024, and for the reasons l2 2(2008) 7 scc" 71'l 53:2 SD/. G. DEEPIKA ASSISTANT REGIS SECNON OFFICER Delhi. ofl (RBl), 6-1 -65, Secretariat Cl Bank Tower' 7th floor, Plot No

To

//TRUE COPY// lingamPallY. RangareddY District, \

4. The Nodal Officer, HDFC Bank Limited, Bth Floor, HDFC Bank House, Road No.1, Banjara Hills, Hyderabad - 500 034.

5. The Principal Nodal Officer, DBS Bank Limited, The Ruby Towers, 6th Floor, Senapati Bapat [Vlarg, Dadar (W), Mumbai - 400 028, lndia.

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 Grievances Nodal Officer, Hero Fincorp Limited, A-44, Mohan Co- Operative lndustrial Estate, [Vlathura Road, New Delhi - 110044. B. The Principal Nodal Officer, L AND T Finance Limited, L and T Finance Limited, 7th Floor, Brindavan Building Plot No 177, C.S.T Road, Kalina, Santacruz (East), Mumbai - 400098.

9. The Regional Nodal Officer, lndusind Bank Limited, (RNO) 1-10-72,4th Floor, Ashok Chambers, Nalli Silks Building, Begumpet, Hyderabad - 500016.

10. One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC] 1 1 . One CC to SMT N.V.R.RAJYA LAKSHIvII, SC FOR CENTRAL GOVERN MENT, Advocate [OPUC]

2. Two CD Copies ,,/ +x^, GJP

Il HIGH GOURT DATED:210/0112026

ORDER

WP.No.1432 of 2026 ISPOSING OF THE W.P WITHOUTCOSTS. t / / + 3 29JA}'l2020 { t-l I

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