Telangana High Court
WP/38233/2025 of Barigela Koteswara Rao Vs Union of India on 30 December 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 38233 OE 2025 [ 33001 ur ad, Between: Barigela Koteswara Rao, S/o
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 38233 OE 2025
[ 33001
ur
ad,
Between:
Barigela Koteswara Rao, S/o Venkateswarlu,4ge 59 Years, Occ ; Business, Ri/o 03- 2724, Lingagudem, Krishna District, Andhra Pradesh - 521190.
.....PETITIONER
AND
Union of lndia, Represent by it's Secretary, Ministry of Finance, New Delhi.
Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6-1- 65, Secretariat Road, Saifabad, Hyderabad - 500004.
3. CapFloat Financial Services Pvt.Ltd, Rep by its Chief Manaq:r, 4th Flgor, S B
Towers, 6-3-354, Rd Number 1, Mothi Nagar, Dwarakapuri, Banjara Hills, Hyderabad, Telangana 500034.
AXIS BANK, Rep by its Chief Manager Ground Floor, Sriven Mall, Miyap Rd, J P Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderab Telangana 500049.
5. Early Salary Services Pvt Ltd, Rep. by its Chief Manager, UNIT NO. 404, THE
CHAMBERS VIMAN NAGAR NA, PUNE, PUNE, MAhATASITA.
6. Oxyzo Financial services Pvt Ltd, Rep. by fts Chief Manager, 101, First Floor, Vipul Agora Mall, MG Road, Gurgaon, Haryana '122OO1.
7. KRAZYBEE SERVICES Pvt Ltd, Rep. by its Chief Manager, The Royal Stone Park, No. 100, Sakshi Nagar, Pai Layout, Bennigana Halli, Bengaluru, Karnataka - 560016.
8. Vivriti Capital Limited, Rep. by its Chief Manager, SY 1 1, Krishe Ernerald, White Fields Road, Kondapur, Hyderabad, Rangareddy 500091, Telangana, lndia. -
9. Payu Finance lndia Pvt Ltd, Rep by its Chief Manager, Wallace Towers, 4th Flobr, Crossing of Sahara Road, Mle Parle East, Mumbai, Maharashtra
400057.
.....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 ir;sue an appropriate Writ, Order, or Direction, more particularly in the nature of Writ of Mandamus, declaring the action of respondent Nos. 3 to 09 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 12.08.2A22 bearing No. RBll2022- 231109, DOII.ORG.REC.65/21.04.15812022-23, and further declaring the inaction of respondettt No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 1,[, 19, and 21 of the Constitution of lndia, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery m€)asures against the petitioner and to strictly comply with the due process of lerw and the aforesaid Circular in all recovery proceedings, and further restrain resSrondent Nos. 3 to 09, their agents, recovery agents, executives, managers, c,r 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, threaterning 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 ltlos. 3 to 09 for violating legal norms, and pending disposal of the writ petition, diret;t the respondent Nos. 3 to 09 not to resort to any coercive measures , against the petitioner except through lawful means and in strict adherence to the Circular daterl 1 2.08.2022.
Counselfor l:hePetitioner : SRI BONTHU LOKESH PHANINDRA REDDY
Counsel for the Respondent No.1 : SRI N.BHUJANGA RAO, DEPUTY
SOLICITOR GENERAL OF INDIA
Counsel for the Respondent Nos.2 to 9 : - The Court made the following ORDER
a
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A
WRIT
No.3823
of 2o25
Dated: 3,o..12.2o25
Between:
Barigela Koteswara Rao
Petitioner
AND
Union of India & eight others
...Respondents
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ORDER:
Sri Bonthu Lokesh Phanindra Reddy, learned counsel for the petitioner; Sri N. Bhujanga Rao, learned Deputy Solicitor General of India, for respondent No 1 and learned Standing Counsel for respondent No.4.
2. Despite ' service of notice, none appeared for remaining respondents.
3. When_ the matter is taken up for hearing, learned' counsel for petitioner submitted that the issue raised in this Writ Petition is squarely covered by the oider passed by this Court in W.P.No.18913 of 2024, dated 22.08.2024 and, therefore, the same order may be passed in this I , I ; I , I tI
l writ petition as well. The operative portion of the said order reads as under: "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 Frlon'ble Supreme 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 disposed of. No costs."
4. Learned Deputy Solicitor Gener6.l of India, for respondent No.1 and learned Sta.:rding Counsel for respondent No.4, has no objection.
5. Accordingly, in terms of the order passed by this Court in w.P.No.18913 of 2024, dated 22.08.2024, and for the reasons alike, this Writ Petition is disposed of directing the respondent authorities and their agents to st:rupulously follow the guidelines/instructions issued by the Reserve Ba:ek of India in its Circular dated 12.08.2022 and also the judgments ,rf Honble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls co.S;e ?rrd Icrcl Bank v. Shanti Devi Sharma'2s case, while recovering t.re loan amounts from the petitioner. No costs. Miscellaneous petitions, if any pending, shall stand closed. 1(200712 SCG 711 2(2008) 7 SCC 532 GOWARI SHANKAR REGI //TRUE COPY// SECTION OFFICER
1. The Secretary, Union of lndia, Ministry of F
2. The Chief General Manager, Reserve Bank of I Road, Saifabad, Hyderabad - 500004. l), 6-1-65, Secretariat
3. The Chief Manager, CapFloat Financial Services Pvt.Ltd, 4th Floor, S B Towen;,6-3-354, Rd Number 1, Mothi Nagar, Dwarakapuri, Banjara Hills, Hvdenrhad- Telanoana 500034. To
4. The Chief Manage-r, AXIS BANK, Ground Floor, Sriven Mall, Miyapur Rd, J P Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 500049.
5. The Chief Manager, Early Salary Services Pvt Ltd, UNIT NO. 404, THE CHAMBERS VIMAN NAGAR NA, PUNE, Pune, Maharastra.
6. The Chief Manager, Oxyzo Financial services Pvt Ltd, 101, First Floor, Vipul Agora Mall, MG Road, Gurgaon, Haryana 122001.
7. The Chief Manager, KRAZYBEE SERVICES Pvt Ltd, The RoyalStone Park, No. 100, SakshiNagar, Pai Layout, Bennigana Halli, Bengaluru, Karnataka - 560016.
8. The Chief Manager, Vivriti Capital Limited, SY 11, Krishe Emerald, White Fields Road, Kondapur, Hyderabad, Rangareddy 500091, Telangana, lndia.
9. The Chief Manager, Payu Finance lndia Pvt Ltd, Wallace Towers, 4th Floor, -,CrqSsinO Of Sahara Road, Vile Parle East, Mumbai, Maharashtra 400057. ",+6ibAb'CC-to Snt BONTHU LOKESH PHANINDRA REDDY, Advocate [OPUC] *. { f. One CC to SRI N.BHUJANGA RAO, DEPUTY SOLICITOR GENERAL OF
12. Two CD Copies SA a w tb* I I HIGH COIURT DATED:3j0/1 212025
ORDER
WP.No.38233 ot 2025 DISPOSING OF THE W.P WITHOUT COSTS ,, / }\r ."60h frp' + ) 3 ?tlttt2u[ a t * t