Telangana High Court
WP/661/2026 of Nagulamalyala Brahmam Vs Union of India on 8 January 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (special Original J urisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA AND Fortune Central Basistha Assam- 781 028 , [ 3300 ] Nagulamalyala Brahmam, S/o. Rayamallu, Age-
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Between:
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(special Original J urisdiction)
THURSDAY, THE EIGHTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
AND
Fortune Central Basistha
Assam- 781 028 ,
Nagulamalyala Brahmam, S/o. Rayamallu, Age- 31 years, Occ- Job Searching, Rl/o. H.No.2-50, Lakkaram village, Mutharam Mandal, Peddapally district' Telangana '505212
...pETrrtoNER
2.
3.
1.
4.
6.
7.
I
11.
12.
Vivriti Capital Limitted, Rep by
Metropolitan, No.200 I 1 -8, 2nd
600002
its chief Manager Prestige Zaakna
floor, Blockl, Anna salai, Chennai, Tamilnadu- ; I
i
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstance:; stated in the affidavit filed therewith, the High Court may be pleased to is:;ue an appropriate Writ, Order, or Direction, more particularly in the nature of Wri: of Mandamus, declaring the action of respondent Nos. 3 to 13 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 daled 12.08.2022 bearing No. RBI/2022- 231108, DOR.ORG.REC.65121 .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 2'1 of the Constitution of lndia, and consequently direct the respondent a rthorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of lavv and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to 13, 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 petitioners premises, and further direct nrspondent 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 No:;. 3 to '13 for violating legal norms, and pending disposal of the writ petition, direct 1.he respondent Nos. 3 to 13 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated ' 2.O8.2022.
lA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circurtrstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent nos. 3 to 13 to not take any coercive measures against the petitioner without following due process of law and mandatorily following Circular dated 12.08.20i'.2 vide RBU 2022- 231108,DOR.ORG.REC.65/21 .O4.1 5812022-23
issued by respondent no.2 pending disposal of the writ petition.
Counsel for the petitioner: SRI pRAVEEN BONKURI
counsel for the Respondent No.1: sRt i|.BHUJANGA RAo, Deputy solicitor General of lndia Counsel for the Respondent Nos.2 TO 13: _
The Court made the foltowing: ORDER
\
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A
WRIT PETITION No.661 of 2026
08.o L.2026
Between:
N agu lame:l.vala Brahrn am
..Petitioner
AND
The Union of India,
Represented by its Secret^ry,
Ministry of Finance,
New Delhi & twelve others
...Respondents
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ORDER:
Heard Sri Praveen Bonkuri, learned counsel for the petitioner and learned Sternding Counsel for Central Government appearing for respondent No.1.
Despite service ol'notice, none appeared for remaining respondents.
3. When the matter is taken up for hearing, learned counsel for!, petitioner s,ubmitted that the issue raised in this Writ petition is "qrur.t/ covered by the order passed by this Court in W.P.No.18913 of 2024, dated 22.08.2024 and therelore, the same order may be passed in this writ petition as ',vell. The operative portion of the said order reads as under:
\ \ ,,n \-- .
"8. In view of the above circulars, this Court d.eems it appropriate to direct the respondents to ensure that the agents engaged by them for recovery of the roan amoun*,-"t "ir strictry fo-tl9w the guidelines and instructions issued uv ir,"'n""Jrve sank of India and also the judgments of the Hon'blJ srp.".r,. court in IcIcI Bank Ltd vs. prakash Kaur's case (r supra) and ICICIBank 9' with the abo'e direction, the writ petition is disposed of. No costs."
Learned Standing counsel for respondent No.1 has no objection
5. Accordingly, in terms of the order passed by this court iir w'P'No'18913 of 2024, dated 22.08.2024, and for the reasons alike, rhis v/rit Petition is disposed of rlirecting the respondent authorities and their agents to scrupulously follo'"v the guidelines/instructions issued b,, the Reserve Bank of India in its circular dated L2.og.2o22 ancl also the judgrnents of Hon'ble supreme court in IcIcI Bank Ltd. v. prakash Kaur'ls case and IcIcI Bank v. shanti Devi sharmar2s case, whire recovering the roan amounts from the petitioner. No costs. .. Pending miscellaneous applications, if any, shall s closed
7 SCC 532
\ To SD/. P. PONNA KRISHNA T ASSTSTANT REG|STRAR /
SECTION OFFICER //TRUE COPYII Fina
1. The
2. The
3.
4.
5. lggrgQ.y, Union of lndia, Ministrv of u_nrg.t General Manager, Reserve Bar Delhi - 110001 nce, New lndia (RB Delhi l),6, Sansad Marg,
6. New nk of
7. rhe ctrief Manager, YES BANK, Ground Floor, shop.11,77, NH 65, Gouthami ' Np^g3l-colony, Jawahar colony, Chanda Nagar, Hyderabad, Telangana- 500050.
8. The clrief Manager, KISETSU sAtsoN FINACE PRIVATE LTD, lndiqube Lexingl:on Tower, First Floor, Tavarekere main Road, Tavarekere, S.G.Palya, / Bengaluru, Karnataka-560029. /
9. The Cl'rief Manager, Early salary Services pvt Ltd, Unit No.404, The Chambers Viman Nagar, Pune, Pune, Maharastra- 41 1 01 4.
10. The cl'rief Manager, sMfq lndia credit company, commerzone tt park, Igwer. B, 1st floor, No 1 1 1 , mount poonamall'ee Road, Porur,Chenriai- Thamilrradu 600116.
11. The Chief Manager, Navi.Finsery Limited, 2nd floor, Vaishnavi Tech square, lballuru Village, Begur hobli, Bengaluru, Karnataka - 560102.
12. The Chief [vlanag_er, Slice small fihance Bank Limited, 1st and 3rd floor, Fortunel Central Basistha Road Basisthapur bye lane No.3, Beltola, Guwahati, Assam.. 781 O28 .
13. The Chief Manag-er, Vivriti Capital Limitted, Prestige Zackria Metropolitan, No.200/1-8, 2nd-floor, Blockl, Anna salai, chennai Taniilnadu-600b02
14. One CO to SRI PRAVEEN BONKURI, Advocate [OPUC]
15. One CC to SRI N.BHUJANGA RAO, Deputy Solicitor Gdneral of lndia TOPUCI
16. Two CD Copies PSK. $
o ,l il HIGH COIURT DATED:08/01 12026
ORDER
WP.No.661 of 2026 \ I \ rHE Sr4 i.t 2 3 JAt{ 20m ii,\T(l L.i L) z. * DISPOSII'IG OF THE WRIT PETITION WITHOUTCOSTS \