Telangana High Court
WP/1401/2026 of Giribabu Sirgamalla Vs Union of India on 20 January 2026
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 SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 1401 OF 2026 Between: Giribabu Sirgamalla, S/o Kshatraiah Sirgamalla,
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 SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 1401 OF 2026
Between:
Giribabu Sirgamalla, S/o Kshatraiah Sirgamalla, Age 39 years, Occ;Job Searching, Rto 1-g-125t231c1139, Ganesh Nagar, Ramnagar, fi/usheerabad, Hyderabad, Telangana - 500050.
.....PETITIONER
AND
'1 . Union of lndia, Represent by its Secretary, IVlinistry of Finance, New Delhi.
2. Reserve Bank of lndia (RBl), Represent by its Chief General firlanager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004'
3. lclCl Bank Limited, Represented by Principal Nodal Officer, Bandra-Kurla Complex, Mumbai - 400051.
4. RBL Bank, Represented Regional Nodal Officer, D.No. 6-3-865, Ground Floor, Home Jupally, Opp. to Green Park Hotel, Green Lands, Hyderabad - 5000'16.
5. YES BANK, Rep by its Principal Nodal Officer, YES BANK House, Off Western Express Highway, Santacruz East, Mumbai - 400055.
6. Standard Chartered Bank, Rep. by its Principal Nodal Officer, Standard Chartered Bank, Customer Care Unit, 19, Rajaii Salai, Chennai - 60000 1 .
7. IDFC FIRST Bank, Rep. by its Nodal Officer, 1-10-631111 ,Yeer Chambers'
Chikoti Gardens, Begumpet, Hyderabad - 500016.
8. Axis Bank, Rep. by its Nodal Officer, Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No. 1, Banjara Hills, Hyderabad - 500034.
9. 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).
1 0. lndusind Bank Limited, Rep. by its Regional Nodal Officer (RNO) 1-10-72' 4th Floor, Ashok Chambers. Nalli Silks Building, Begumpet, Hyderabad - 500016'
11. HSBC, Rep. by its Principal Nodal Officer, NESCO lT Park Bldg 3, 9th Flr, Nesco Complex, Western Express Highway, Goregaon (East), Mumbai -
400063.
12.Kotak Mahindra Bank Limited, Rep. by its Principal Noci I Officer, Kotak lnfiniti, 4th floor, Zone 1, Bldg No. 21, lnfinity Park, Gerr ral AK Vaidya Marg, tt/alad (E), Mumbai - 400097.
.....RESPONDENTS
Petition Under Article 226 ol the Constitution of lnc i circumstances stated in the affidavit filed therewith, the pleased to issue an appropriate Writ, Order, or Direction, nr nature of Writ of Mandamus, declaring the action of respor attempting to recover amounts from the petitioner in an arbilt handed manner without following the due process of law an i the Reserve Bank of lndia Circular dated 12lOBl2O22 bear 108, DOR.ORG.REC.65/21 .04.15812022-23, and further der respondent No. 2 in enforcing the said Circular as unconslit.
Articles 14, 19, and 21 of the Constitution of India, and cr respondent authorities to refrain from undertaking any recovery measures against the petitioner and to strictly , process of law and the aforesaid Circular in all recovery pr r restrain respondent Nos. 3 to 12, their agents, recovery managers, or any person acting on their behalf from en; intimidation, harassment, humiliation, or intrusion into the pr or his family members, referees or friends, including pers calls, threatening messages. or physical visits. to the petit further direct respondent No. 2 to enforce the said RBI Circ t and to initiate appropriate and stringent action against t respondent Nos. 3 to '12 for violating legal norms, and pend r petition, direct the respondent Nos. 3 to 12 not to resort to il against the petltioner except through lawful means and in r; Circular dated 1210812022.
r praying that in the
High Court may be
rre particularly in the
lent Nos. 3 to 12 in
ary, illegal, and high-
in blatant violation of
rg No. RBI/2022-23l
aring the rnaction of
ional and violative of
rsequently direct the
:oercive or unlawful
omply with the due
;eedings, and further
agents, executives,
rging in any acts of
t acy of the petitionei
stent or anonymous
rners premises, and
lar in letter and spirit
re errant officials of
g disposal of the writ
y coercive measures
'ict adherence to the
Counsel for the Petitioner : SRI BONTHU LOKESH PHANII\ DRA REDDY
Counsel forthe Respondent No.1 : SRI S.SUNIL, SC FOR : ENTRAL GOVT
Counsel for the Respondent Nos.2 to 12:. - The Court made the following ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.1401 of 2026
20.oL.2026
Between:
Giribabu Sirgamalla
...Petitioner
AND
The Union of India,
Represcnted i)y its Secr-etarJ,
Ministry of Finance , New Dclhi & I I olhers
...Respondents
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ORDER:
Hcard Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner and Sri S.Sunil, Iearned 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 I I squarely covered by the order passed by this Court in W.P.No. 18913 of 2024, dated 22.08.2024 and therelore, the sarne order may be passed in this writ petition as wel1. The operative portion of the said order reacls as under "8. In vierx, of the above circulars, this Court deems it appropriate to dircct the respondents to I /
ensure that the agents engaged by rem for recovery of the loan amounts, shall stnctr. follow the guidelines and instructions issur,< by the Reserve Bank of lndia and also the judg,r rcnts of thc Hon'ble Supreme Court in ICICI Banl< Ltd Vs. Prakash Kaur's case (1 supra) and ICICI I ank Vs. Shanti Devi Sharma's case (2 supra).
9. With the above dire ction, the lvrit 1,r tition is disposed of. No cosLs."
3. Learned counsel for respondent No.1 has no
4. Accordingly, in terms of the order passecl 1,. W.P.No.189 13 of 2024, dated 22.08.2024, and i alike, this writ petition is disposed of directing r authorities and their agents to scrtrpulous, guidelines/instructions issued by the Reserve Bar I Circular dated 12.08.2022 and also the judgm,' Supreme Court in ICICI Bank Ltd. v. Prakash Kr ICICI Bank v. Shanti Devi Sharma,2s case, whilc loan amounts from the petitioner. No costs. Pending miscellaneous applications, if ar-rl . ,lrjection. this Court rn ,r' the rcasons re respondent ' lollorv the of lndia in its r ts of I'l on 'ble ur'ls casc and recovering the shall stand closed 't(2007 2(2008 Tscct't't 7 scc s32 ) ) SD/. C. DEEPIKA ,.-ASSII; TANT REGISTRAR . -' //rRUE coPY// \).\. sEcrtoN oFFlcER To
1. The Secretary, Union of lndia' Ministry-of Finance)Nd'ry I relhi'
2. rhe chief General il#+;;:-i'^"^ryJa";nr ot rnoiaVr t 6-1-6s' Secretariat . ?fi:'e,'::f:,*"iJl3[tq, gl i"l 3Y"".; - Limited' Band ri (u rra com prex' Nilumbai - 400051 '
4. The Reqional Nodal Officer, RBL Bank' D'No 6-3-865' Groundf-loor' Home
- jrJrriu,'oi,; i; G;; P;ri Hot"r, Grebn Lands' Hvderabad ^--50001.6'
s. i"n[ pi.Iiili Noori offi""r, Yes BANK, YES B^ANK House' off western " E*iresi Highway' Santacruz East, Ivlumbai - 400055'
6. ih!'ffi;ip;i N;irl of6;;-sLnoa'a ^c!afe19d Bank' Standard chartered " B;;i, d;i;;"i Crr" unit,'rg, Rajaji Salal' 91.9T'i - 600001'
z. i[" iloorr omcer, rori'iinst eZnk, 1-1o;-63t1t1 ' Veer chambers' chikoti ' Gardens, Begumpet, Hyderabad - 500016'
e. iie rl"Jlioirt"i, nii.'einr<, Hvoeraggo Circleoffice' Abhinandan Towers' " 6-t-i4b7i; nJao fu. 1, Banjara i-{ills, Hvderabad - 500034' f . il"-P;i;;ipuilroaur off'rcer,'SBl cards and Payments Services Private " ii.it"J, oiF ininltv rot'iJislro*o c, rot'-rzir' Floor' Block 2' Building 3' OLf Cvn"t Citv, Gurgaon -122002 (Haryana)' ro.ir,l, idi'i""'";iftb;;i6111;"l., r"ors"o aink Limited' (Tl9l^1-,1o.Ifl4th Floor' '" n.f,of. if,irbers. Nalli Silks Building,-B-e^gumpet' Hvderabad - 5uuulb'
11. The Principal Nodal od;;' HSBC, il{sio lt Park stoo 3 9th Flr' Nesco Complex, Western erpi"ss Highway, Goregaon (East)' Mumbai .a-99969;, r z. ir,'" 'Fi,Yr*ii'rii.l",iir o?ii""i k,iirr -rririnintri eank Limjted, Kotak lnfiniti,.4th floor, Zone 1, Bldg No. 2i'i;f^t i';[, General AK Vaidva lt/arg' Malad (E)' Mumbai - 400097. ,1 3. one CC to SRI BONTHU LoKESH PHAN]NDRA REDDY, Advocale [^o.PUC] i;.il; cc i; sRi s.suNilL, 5c i-oi CENTRAL GoVr' Advocate [oPUC]
15. Two CD CoPies SA GJP l
, I HIGH COURT DATED:2010112026
ORDER
WP.No.1401 of 2026 DISPOSING OF THE W.P WITHOUT COSTS. 2S 02t .Z I $ =E I {i STA \i|2 r€ r-l( ':) *-) A L t_,
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