Telangana High Court

WP/616/2026 of Naraharasetti Naga Srinivasa Rao Vs Union of India, on 8 January 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 616 OF 2026 Between: Naraharasetti Naga Srinivasa Rao, S/o. Neelachalam,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 616 OF 2026

Between:

Naraharasetti Naga Srinivasa Rao, S/o. Neelachalam, Age. 42years, Occ.

Pv.t. Employee, Rl/o. H.NO. 12-10-587118, t\,4edibavi, Seetaphalmandi, Secunderabad, Telangana - 500061 PAN NO.AZLPN0247L

...pETlTlONER

AND

1. Union of lndia, Represent by it's Secretary, IVlinistry 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. INDUSIND BANK Ltd, Rep by its Regional Nodal Officer (RNO) 1-10-72, 4th Floor, Ashok Chambers, Nalli Silks Building, Begumpet, Hyderabad - 500016.

4. RBL Bank, Rep byits Principal Nodal Officer306-311,3rd Floor, JMD

Megapolis, Sector 48, Sohna Road, Gurugram, Haryana 122018

5. Standard Chartered Bank, Rep by its Principal Nodal Officer, Standard Chartered Bank, Customer Care Unit, 19, Rajaji Salai, Chennai - 600001

6. 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).

7. YES BANK, Rep by its Principal Nodal Officer, YES BANK House, Off Western Express Highway, Santacruz East, Mumbai - 400055

B. Karur Vysya Bank Limited, Rep by its Grievance Officer The Karur Vysya Bank Ltd., Regd and Central Office, No.20, Erode Road, Vadivel Nagar,

L.N.S., Karur - 639 002.

9. CapFloat Financial Services Pvt. Ltd, Rep by its Principal Nodal Officer, New No. 3 (Old 21'1), Gokaldas Platinum, Upper Palace Orchards, Bellary Road, Sadashivanagar, Bengaluru, Karnataka - 560080

10.lDFC FIRST BANK Limited, Rep by its Nodal Officer, IDFC FIRST Bank, 1- 10-63111 I, Veer Chambers, Chikoti Gardens, Begumpet, Hyderabad - 500016

11.AX|S Bank, Rep by its Nodal Officer, Axis Bank Ltd., Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No.1, Banjara Hills, Hyderabad - 500034

12. Kotak Mahindra Bank Limited, Rep by its Nodal Officer, Kotak lnfiniti, 4th floor, Zone 1, Bldg No. 21, lnfinity Park, General AK Vaidya Marg, Malad (E), Mumbai - 400097.

13.North East Small Finance Bank Limited, Rep by its Principal Nodal Officer, lndiqube Ashford Park View, First Floor, Municipal No. 9, B0 Feet Rd, lndustrial Layout, Koramangala 3rd Block, Ward No. 68, Bengaluru - 560034, Karnataka '14. lClCl Bank, Rep by its Prrncipal Nodal Officer, Bandra-Kurla Complex, li/umbai - 400051, INDIA

l5.lnnofin solutions Pvt. Ltd, Rep by its Grievance Officer Gala 101 , CTS No.

141, Kuber Chambers, Datta tvlandir Road, Malad East, Mumbai - 400097, Maharashtra, lndia.

16.HDFC Bank Limited, Rep by its Nodal Officer, Bth Floor, HDFC Bank House, Road No.'1 , Banjara Hills, Hyderabad - 500 034

17. Poonawalla Fincorp Limited, Rep by its Principal l'Jodal Officer, 2O1 and 202, 2nd floor, AP81, Koregaon Park Annex, Mundhwa, Pune - 41 1036

18. 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.

19. EariySalary Services Pvt. Ltd, Rep by its Grievance Redressal Officer 404, The'Chambeis, Viman Nagar, Puhe,-41 1014, Maharashtra

20. Northern Arc Capital Limited, Rep by its Grievance Redressal Officer Northern Arc Capital Limited, '1Oth Floor, llTM Research Park, 1 Kanagam Village, Taramani, Chennai 600 1 13, Tamil Nadu, lndia

...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 Mandamus, declaring the action of respondent Nos. 3 to 20 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.

RBll2O22-231 108, DOR.ORG.REC.65/21 .04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as u nco nstitutional and violative of Articles 14, 19, and 21 of the Constitution of lndia, 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 20, 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 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 20 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 20 not to resort to any coercive measures against the petitioner except through rawfur means and in strict adherence to the Circular dated 12.Og.2O22.

Counsel for the Petitioner: SRI BONTHU LOKESH PHANINDRA REDDY

Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia Counsel for the Respondent Nos.2 TO 20: - The Court made the following: ORDER

./

I

t

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE Szu JUSTICE NAGESH BHEEMAPAXA

WRIT PETITION No.616 of 2026

o4.oL.2026

Betwecn:

Naraharasetti Naga Srinivasa Rao

... Petitioner

AND

The Union ol India,

Iiepresented b-v its Secretar)',

Ministrl of Finance,

Nen' Dt:Ihi & nineteen others

... Responclents

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ORDER:

Fleard Sri Bonthu Lokesh Phanindra, learned counsel lor thc pctitioner ancl Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia, frrr respondent No.1.

2. Dt-spitc scrvice of notice, none appearcd for remaining responclents

3. When the matter is taken up lor hearing, learned counsel for pL'titioncr subn'ritteci that the issue raised in this Writ Petition is squarely covered bv the order passed by this Court in W.P.No. 18913 ol 2024, dated

22. Oa.2O24 and therefore, the same order may be passed in this wrir pctition ets r.r,eli. The operative portion of the said order reads as undcr:

') "8. In view of the above circulars, this Court deems it appropriate to direct the respondents to 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 Supremc 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 rlisposed of. No costs-'

4. Learned Standing counsel lor respondent No.1 has no objection //TRUE COPYII

5. Accordingly, in terms ol the order passed by this Court ln

W.P.No.l89 13 ol 2024, dated 22.08.2024, and for thc reasons alike, this Writ Pctition 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 Supremc Court in ICICI Bank Ltd. v. Prakash Kaur'1s czrsc .ind ICICI Bank v. Shanti Devi Sharma'2s case. ri'hile recovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, shatl 9tand closed

007) 2 SCC 711

008) 7 SCC 532 SD/. T. SRINIVASA REDDY ASS TANT REGISTRAR J CTION OFFICER I

:The Secretary, Union of lndia Ministry of Finance, Delhi The Chief General Manager, Reserve Bank of lndia (RBl), 6-1 -65, Secretariat Road, Saifabad, HYderabad - s00004

3. The Reg ional Nodal Officer (RNO),lN DUSIND BANK Ltd, 1-10-72,4th Floor, Ashok Chambers, Nalli Silks Building' Begumpet, HYderabad - 500016 I To

B The Principal Nodal Officer, RBL Bank, 306-31 1, 3rd Floor, JMD Megapolis, Sector 48, Sohna Road, Gurugram, Haryana 122018 The Principal Nodal Officer, Standard Chartered Bank, Standard Chartered Bank, Customer Care Unit, 19, Rajaji Salai, Chennai - 600001 The Principal Nodal Officer, SBI Cards and Payments Services Private Limited, DLF lnfinity Towers, Tower C, 10th-12th Floor, Block 2, Building 3, DLF Cyber City, Gurgaon -122002 (Haryana). The Principal Nodal Officer, YES BANK, YES BANK House, Off Western Express Highway, Santacruz East, Mumbai - 400055 The Grievance Officer, Karur Vysya Bank Limited, The Karur Vysya Bank Ltd.. Regd and Central Office, No. 20, Erode Road, Vadivel Nagar, L.N.S., Karur - 639 002 The Principal Nodal Officer, CapFloat Financial Services Pvt. Ltd, New No. 3 (Old 211), Gokaldas Platinum, Upper Palace Orchards, Bellary Road, Sadashivanagar, Bengaluru, Karnataka - 560080 The Nodal Officer, IDFC FIRST BANK Limited, IDFC FIRST Bank, 1-10-63/1l l, Veer Chambers, Chikoti Gardens, Begumpet, Hyderabad - 500016 The Nodal Officer, AXIS Bank, Axis Bank Ltd., Hyderabad Circle Office, Abhinandan Towers, 6-3-24913, Road No.1, Banjara Hills, Hyderabad - 500034 The Nodal Officer, Kotak Mahindra Bank Limited, Kotak Infiniti,4th floor, Zone '1 , Bldg No. 2'1 , lnfinity Park, General AK Vaidya Marg, Malad (E), Mumbai - 400097. The Principal Nodal Officer, North East Small Finance Bank Limited, lndiqube Ashford Park View, First Floor, Municipal No.9, B0 Feet Rd, lndustrial Layout, Koramangala 3rd Block, Ward No. 68, Bengaluru - 560034, Karnataka The Principal Nodal Officer, lClCl Bank, Bandra-Kurla Complex, Mumbai - 400051, tNDtA The Grievance Officer Gala, lnnofin Solutions Pvt. Ltd, 101 , CTS No. '141 , Kuber Chambers, Datta Mandir Road, Malad East, Mumbai - 400097, Maharashtra, lndia. The Nodal Officer, HDFC Bank Limited, Bth Floor, HDFC Bank House, Road No l, Banjara Hills, Hyderabad - 500 034 The Principal Nodal Officer, Poonawalla Fincorp Limited, 201 and 202,2nd floor, APB1, Koreqaon Park Annex, Mundhwa, Pune - 41 1036 The Nodal Officer, Kisetsu Saison Finance (lndia) Private Limited, Unit no 301, 3rd Floor, Ivlantri Avenue, KHB Games Village, Koramangala, Bengaluru, Karnataka 560047. The Grievance Redressal Officer, EarlySalary Services Pvt. Ltd, 404, The Chambers. Viman Nagar, Pune, 41 1014, Maharashtra The Grievance Redressal Officer, No(hern Arc Capital Limited, Northern Arc Capital Limited, 1Oth Floor, llTM Research Park, 1 Kanagam Village, Taramani, Chennai 600 113, Tamil Nadu, lndia One CC to SRI BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC] One CC to SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia [OPUC] Two CD Copies o

'lE

'18 '19

t1. PSK. I v

I I HIGH COURT DATED:0810112026

ORDER

WP.No.616 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS / Tr1 (,i qI 't fl \ :^ a

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