WP/1222/2026 of Esram Vijay Vs Union of India on 19 January 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

IV1ONDAY, THE NINETEENTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 1222 OF 2026

Between:

Esram Vijay, S/o Ravi, Age. 35 Years, Occ. Pvt. Emp, Rl/o H. No. 2-81121A, Gunnamma Mallesha Bldg, Behind Narsing Sub-Register Office, Gandipet, K.

V. Rangareddy, Telangana - 500075 Pan Card No. AWHPVBB03B

...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 General Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.

3. lClCl Bank Limited, Rep.by Principal Nodal Officer, Bandra-Kurla Complex, Mumbai - 400051 .

4. Akara Capital Advisors Private Limited, Rep. by its Nodal Officer, 60, Second Floor, Arjun Nagar, Kotla [t4ubarakpur, New Delhi - 110003

5. 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.

6. Cholamandalam lnvestment and Finance Company Limited, Rep. by its Principal Nodal Officer, Chola Crest, C54-55 and Super B-4, Thiru-Vi-Ka lndustrial Estate, Guindy, Chennai - 600032

...RES'ONDENTS

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 Mandamus, declaring the action of respondent Nos. 3 to 6 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. RBI/2022- 231108, DOR. ORG. REC.65/ 21 .04.1581 2022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles '14, 19, and 2'1 of the Constitution of lndia, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlaMul 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 6, 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 members, referees or friends, including persistent or anonymous caHs, 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 Circular daled 12.08.2022.

Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent No.1: SRI S.SUNIL, Sr. SC FOR CENTRAL GOVT

Counsel for the Respondent Nos.2 TO 6: -- The Court made the following: ORDER

F

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.l222 of 2026

L9.OL.2026

Between:

Esram Vij ay

...Petitioner

AND

The Union of India,

Represented by its Secretary,

Minlstry of Finance, Nerv Delhi & 5 others "8. In view of the above circulars, this Court deems it appropriate to direct thc respondents to

...Respondents