Telangana High Court

WP/34773/2025 of Tatikonda Nagabharath Vs Union of India, on 6 January 2026

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) . TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SR! JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:34773 OF2025 [ 33oo ] ...PETITIONER its Chief nity Towers, ger, Unit Whitefield

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!N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) . TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SR! JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO:34773 OF2025 [ 33oo ] ...PETITIONER its Chief nity Towers, ger, Unit Whitefield Between: Tatikonda Nagabharath, C/o T. Satya n arayana Goud, Age. 28 Years, Occ. Business Rl/o. Plot No. 08, H.NO. 12-1-316/1 Anandnagar X Road, beside Sreedevi Medical Shop, Bandlaguda, Mansoorabad, Gsi(s.r) Bandlagilda, K.v. Rangareddy, Telangana - 500068. PAN - AYHPT4694A. AND

Union of lndia, Represent by it's Secretary, Ministry qf Finance, New Delhi Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad Marg, New Delhi - 1 10001

3. RBL Bank, Rep. by its Chief Manager Shop no 5-4110 and 5-411 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050

4. South lndian Bank Limited, Rep. by its Chief Manager, T.B.Road, Mission Quarters, Thrissur-680001, Kerala

SBI Cards and Payments Services Limited (SBl Card)., Rep. by Manager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfi 'l2th Floor, Gurugram, HR - 122002.

6. lclcl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032

7. BAJAJ FINANCE, Rep. by its Chief Manager, 6th Floor, Bajaj Finsery Corporate Office, Pune-Ahmednagar Road, Viman Nagar, Pune, Maharastra - 411014.

8. STATE BANK OF lNDlA, Rep. by its Chief Manager, State Bank Bhavan, Madame, Cama Marg, Mumbai, Maharashtra -400021.

9. Poonawalla Fincrop Pvt Ltd, Rep. by its Chief Manager, 201 and 202,2nd Floor, APB1, Koregaon Park Annex,Mundhwa, Pune, Maharashtra-4'l 1 036 l0.TAPSTART CAPITAL PRIVATE LIMITED, Rep. by its Chief Mana No. G408, 4th Floor, Gamma Block Sigma Soft Tech Park, No. 7, Road Varthur Hobli,Bangalore - 560066 Karnataka, lndia

11. Akara Cap tal Advisors Private Limited, Rep. by !t9 Ctle[.\ta!qg^91^0Q, .. Second Fioor, Arjun Nagar, Kotla Mubarak Pui, New Delhi - 110003, lndia. l2.F|NCFR|E\DS PRIVATE LIMITED, Rep. by its Chief Manager, 7th Floor' Vatika Triangle, Mehrauli-Gurgaon Road, Block B, Sushant Lok Phase I' Gurugram Haryana ' 122OO2.

13. True Cred ts Private Limited, Rep by its Chief Manager, Huda City Centre Metro Stalion Sth floor, sector - 29 Gurgaon Gurgaon HR 122001.

14. Whizdm Finance Private Limited, Rep. by its Chief Manager, Survey-N9' i zli A, rn i Address Building, Outer Ring- Road, Kadubeesanahalli, Bellandur, Bengalun-1, Karnataka 560087

15. R.K. Bans;al Finance Private Limited, Rep by its Chief Manager, 8/9, Pusa Rd, Block 8, WEA, Karol Bagh, New Delhi - 110005, Dell.ri' lndia.

16. Finkurve l:inancial Services Ltd., Rep by its Chief Manager' 2O2lA, 2nd Floor ' . Trade World, D-Wing, Kamala Mills Compound, S. B. Marg, Lower Parel (West), Mumbai, Maharashtra 400013, lndia.

17. MPOKKE.T Financial Services Private Limited, Rep by its Chief Manag 2O2lA,2rrJ Floor, Trade World, D-Wing, Kamala Mills Compound, S. B Lower Perrel (West), Mumbai, Maharashtra 400013, lndia. er, . Marg, ...RESPONDENTS 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 17 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.o8.2O22.bearing No. RBI/2022- 23t1OB, DOR. CRG"RE C.65121 .04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 't4, 19, and 21 of the Constitution of lndia, and consequently direct the respondent e uthorities to refrain from undertaking any coercive or unlawful recovery measu.res against the petitioner and to strictly comply with the due process of larrv and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos. 3 to '17, their agents, recovery agents, executives, managers, o " any person acting on their behalf from bngaging 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, threate,ning messages, or physical visits to the petitioner's premises, and i i further direct respondent No. 2 to enforce the said RBI Circular in letter and spirit and to initiate appropriate and stringent action against the enant officials of respondent Nos. 3 to 17 for viotating legal norms, and pending disposal of the writ petition, direct the respondent Nos. 3 to 17 not to resort to any coercive measures against the petitioner except through lawful means and in strict adhe'rence to the Circular dated 12.08.2022. Counsel for the Petitioner:SRl. BONTHU LOKESH PHANINDRA REDDY Counsel for the Respondent No 1: SRI N. BHUJANGA RAO Deputy Solicitor General of lndia Counsel for the Respondent No 6 : SRI SUDHARSHAN NARAHARI Counsel for the Respondent No 7 : SRI R. MANGULAL Counsel for the Respondent No 9: MS f. neUVA Counset for the Respondent No 16: SRI VUDUGU GOWTHAN RAJ Counsel for the Respondents No 2To 5,8,10 To 15 & 17:-.. The Gourt made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRIJUSTICE NAGESH BHEEMAPAKA RIT PE ON .34 oF 2025 DATE OF ORDER: 06'01.2026 Between: Tatikonda I'lagabharath. AND Petitioner ...Respondents Union of lndia, Represente'J bY it's Secretary, Ministry of F:inance, New Delhi and sixteen others' OR ER HeardSriBonthuLokeshPhanindra,learnedcounselforthe petitioner, Sri N.Bhujanga Rao, learned Deputy Solicitor General of lndia, fo- respondent No.'t , Sri Sudharshan Narahari' learned counsel 1br respondent No.6, Sri R Mangulal, learned counsel for respondtlnt No.7, Ms. K. Ramya, learned counsel for respondent No.9 antj Sri Vudugu Gowthan Raj, learned counsel for respondent No.16.

Despite service of notice, none appeared for remaining responclents.

Wp No.34773_2025

3. when the matter is taken up for hearing, rearned counser for petitioner subnritted that the issue raised in this writ petition is squarely covered by the order passed by this court in w.P.No.18g13 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. ln 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 stricfly follow the guidelines and instructions issued by the Reserve gait or rndia and arso the judgments of the Hon'bre supreme court in rcrcr Bank Ltd vs. prakash Kaur's case (1 supra) and lClcl Bank Vs. Shanti Devi Sharma,s case (2 supra).

9. With the above direction, the writ petition is disposed of. No costs."

Learned standing counsel for respondent No.1 and learned counsel for respondent Nos.6, 7, g and 16 have no objection.

5. Accordingly, in terms of the order passed by this court in w.P.No.18913 of 2024, dated 22.0g.2024, and for the reasons alike, this writ Petition is disposed of directing the respondent authorities and their agents to scrupulously foltow the guidelines/instructions issued by the Reserve Bank of lndia in its circular dated 12.08.2022 and also the judgments of Hon,ble

WP.No.1477.1-2025 NBK.J To, Supreme Court in lClCl Bank Ltd. v. Prakash Kaur'1s case and lclCl Bank v, Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs' Pend;ng miscellaneous applications, if any, shall stand

3. oneCCtoSRl.BoNTHULoKESHPHANINDRAREDDY,Advocate loPUCl

4. oneCCtoSRlN.BHUJANGARAoDeputySolicitorGeneraloflndia loPucl

5. One CC to SRI SUDHARSHAN NARAHARI' Advocate IOPUC]

6. One CC to SRI R' MANGULAL' Advocate [OPUC]

7. One CC to MS K' RAMYA' Advocate IOPUCI

8. One CC.lo SRI VUDUGU GOWTHAN RAJ' Advocate [OPUC]

9. Two CD CoPies DAN closed ,( SD/- A.SRINIVASA REDDY REGISTRAR //TRUE COPY// OFFICER The Secretary, Ministry of Finance' Union of lndia' New Delhi TheChiefGeneralfVlanager,ReserveBankoflndia(RBl),6,SansadMarg, New Delhi - 110001

a ' lzooz; 2 sc(l 7l I 'lzoot; 7 SC,l 532

HIGH COURT DATED:0610112026

ORDER

WP.No.34773 ot 2025 DISPOSING OF THE WRIT PETITION WITHOI.'T COSTS I ,fHE SIA o ? I JAlil ?026 z

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