Telangana High Court

WP/33850/2025 of Rudrakshalamatam Dilip Kumar, Vs Union of India, on 8 December 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 33850 OF 2025 Between: Rudrakshalamatam Dilip Kumar, C/o Rudrakshalamatam

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE EIGHTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 33850 OF 2025

Between:

Rudrakshalamatam Dilip Kumar, C/o Rudrakshalamatam Vijaya Linga Swamy, Age 32, years, Occ. . Job Searching Ryo flat no 403, Lotus Sathvik Homes, Adity, Hil-ls, behind hill top badminton academy, Pragathi nagar, VTC. Nizampet, Qutu6ullapur, Medchal - Malkajgiri District, Telangana-500090.

.....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, Sansad Marg, New Delhi - 1 '10001 .

3. HDFC Bank Limited, Rep by its Chief Manager, No 1/10/60/3, Suryodaya, Begumpet, Hyderabad, Telangana 500016.

4. INDUSIND Bank Limited, Rep by its Chief Manager 'l-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052.

5. YES BANK, Rep by its Chief Manager Ground Floor, Shop No.11, 77, NH 65, Gouthami Nagar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050.

6. SBI Cards and Payments Services Limited (SBl Card, Rep. by its Chief Manager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 121 Floor, Gurugram, HR - 122002.

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

8. BOBCARD LIMITED, Rep by its Chief Manager 2nd to 4th Floor, Baroda House, S V Road, Jogeshwari West, Mumbai, Maharashtra, 4O01O2.

9. KOTAK MAHINDRA BANK., Rep. by its Chief Manager, 12-6-2121911, JAYA

COMPLEX, KUKATPALL.

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

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

12. KISETSU SAISON FINANCE PRIVATE LTD., Rep. by it; Chief Manager, lndiQube Lexington Tower, First Floor, Tavarekere Main I load, Tavarekere, S.G. Palya Bengaluru, Kamataka 560029.

13.BAJAJ FINANCE, Rep. by its Chief Manager, 6th, Floor, liajaj Finserv Corporate Office, Pune-Ahmednagar Road, Viman Nagar Pune, Maharastra

- 411014.

14. DBS Bank lndia Limited, Rep. by its Chief Manager, Grou .rd Floor, Express Towers, Nariman Point, Mumbai - 4OOO21 .

...RESPONDENTS

Petition Under Article 226 of the Constitution of lndir praying that in the circumstances stated in the affidavit filed therewith, the t igh Court may be pleased to issue an appropriate Writ, Order, or Direction, mo e particularly in the nature of Writ of Mandamus, declaring the action of responc 3nt Nos. 3 to 14 in attempting to recover amounts from the petitioner in an arbitra y, illegal, and high- handed manner without following the due process of law and i I blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearil 1 No RBll2022-231

108, DOR.ORG.REC.65/21.04 .15812022-23, and further decl; ring the inaction of respondent No. 2 in enforcing the said Circular as unconstituri rnal and violative of Articles 14, 19, and 21 of the Constitution of lndia, and con equently direct the respondent authorities to refrain from undertaking any c < ercive or unlawful recovery measures against the petitioner and to strictly cr mply with the due process of law and the aforesaid Circular in all recovery pror;r edings, and further restrain respondent Nos. 3 to 14, their agents, recovery rgents, executives, managers, or any person acting on their behalf from engzr, ing in any acts of intimidation, harassment, humiliation, or intrusion into the pri'r rcy of the petitioner or his family members, referees or friends, including persis ent or anonymous calls, threatening messages, or physical visits to the petitiorr:r's premises , and further direct rebpondent No. 2 to enforce the said RBI Circu i r in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 1 4 for violating legal norms, and pendin 3 disposal of the writ petition, direct the respondent Nos. 3 to 14 not to resort to any coercive measures against the petitioner except through laMul means and in stri t adherence to the Circular dated 1 2.08.2022.

Counsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA REDDY

Counsel forthe Respondent No.1 : SRI N.BHUJANGA RAO, DEPUTY

SOLICITOR GENERAL OF INDIA

Counsel for the Respondent Nos.2 to 6 : -- Counsel forthe Respondent No.7 : SRI SUDHARSHAN NARAHARI

Counsel for the Respondent Nos.8 to l'1 : - Counsel forthe Respondent No.12 : Ms. K.RAMYA

Counsel forthe Respondent No.13 : Ms. ANAND MASNA

Counsel for the Respondent No.14 : Ms. R.NAVANEETHA

The Court made the following ORDER

./

IN THE HIGH COURT FOR THE STATE OF TEI ANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHID

'MAPAKA

WRIT PETITION No.3385O of 2Ct:,5

oa.L2.202s

Between:

Rudrakshalamatam Dilip Kumar

.. Petitioner

AND

Union of India,

Represented by its Secretary.

Ministry of Finance, New Delhi & 13 others

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ORDER:

...fI rspondents Heard Sri Bonthu Lokesh phanindra Reddy, learr ed counsel for petitioner, Sri N.Bhujanga Rao, learned Deprr y Solicitor General of India, for respondent No.1, Sri Sudharshz: L Narahari, learned counsel for respondent No.7, Ms K.Ramy r, learned cou,sel for respondent No. r2, Ms.Anand Masna, rear r :d counsel for respondent No.13 and Ms R.Navaneetha, learned r ounsel for. respondent No.14. perused the record.

2. Despite servlce of notice, none appea_red for remalnlng rg respondents.

3. When the matter is taken up for hearing' learned counsel for petitioner submitted that the issue raised in this Wrii Petition is squarely covered by the order passed by this Court in W.P.No.18913 of 2024, dated22'08'2024 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. In view of the above circulars' this CouiL d"eems it appropriate to direct the respondents -to ".,.r." thai tfte agents engaged by . 'ltT,,fo' ;;;";..y of the loan amounts, shall strictly follow ,fr." *,-,'ia.fi""s and instructions issued by the il""ir;;;;k of tndia and also the judgments -of ii-r. fr."frf" Suprerne Court in ICICI Bank Ltd Vs' ii.t."i Kaur's case (1 supra) and ICICI BankVs' itranti Devi Sharma's case (2 supra)' g. With the above direction' the writ petition is disposed of. No costs "

l,earned counsel for respondent Nos'1' 7 12, 13 and 14 have no objection'

5. Accordingly, in terms of the order passed by this Court tn W.P.No.189 13 of 2024, d'ated' 22'08'2024' and for the reasons alike, this writ petition is disposed of directing the respondent authorities and their agents to scrupuiously follow the guidelines/ instructions issued by the Reserve Bank of India in lts Circular dated 12.08.2022 atd also the judgmer ts of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakash Kar.r'Is case and ICICI Bank v. Shanti Devi Sharma,2s case, while ecovering the loan amounts from the petitioner. No costs. Pending miscellaneous applications, if any, r hall stand closed. , / 't(20o71 2 2(2008) 7 cc 71'l cc 532 S S //TRUE COPY// i

1. The Secretary' Union of lndia, Ministry of Financ N I relhi

2. The Chief GeneraI Manager, Reserve Bank of ln REil , 6, Sansad Marg'

3. The Chief New Delhi Manager, HD

- 1 '10001 . FC Bank Limited, No'ti10/60/3' iuryodaya' Begumpet,Hyderabad, Telang ana 500016

4. The Chief Manag er, INDUSIND Bank Limited, 1-248, tJP:er Ground Floor'

5. The Miya Chief Manage pur Cross Roads, B r, YES ollaram, Telang BANK, Ground ana 500052 Floor, ShoP t\(.11,77, NH 65, Gouth ami Nagar ColonY, Jawahar Colony, Chanda Na1y rr, HYderabad' f BAI'f;iYh,=#i3,?'^"J \\'._ I . sECTtoN oFFlcER To .i[Efxgf1fii,Si;_'"',5:at:f i:J,1il[",'l','."fl li,";i;'T"'ii[]?!??*;'., rrg:*,r**fl"g?imu,i,fl'#t*;q*i*'ii,ffi :,' " co-r,llplex' KUKATPALLY Tndian Bank Limited, T.B.Rc ad, Mission Quarters, 1o.The Chief Manager, sot ;;.il#*u*'*++qatu,{Fl'ii}i''$1if i.i;,ffi ** Lexington Tower, Flrst ,,.?i:€l*l*ti3:?iei3ff:fi -rNeE:-6ir:1e"r,"-?:,fiil::y"f,"$ii'&- 1ilt;fl$ffi1ffifrffi ffi ri']xf, ,il# 5:H::::: ffi ; I]l i

16. One CC to SRI N.BHUJANGA RAo, DEPUry SoLICIToR GENERAL oF . _ [.lDl4, Advocate [OPUC]

17. One CC to Ms. K.RAMYA. Advocate (opl tcl '!9.9n" CC to Ms. ANAND MASNA, Ao-rb"rti76puo 'I 9. one CC to Ms. R. NAVAN E ETHA, nOro-"-itJ topuZl

20. Two CD Copies SA LS W

\ I I HIGH COURT DATED:0811212025

ORDER

WP.No.33850 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. I THE S Ta 2I .tnru Zflt o l-. ')

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