C Jagadish Vs The Union of India

C Jagadish, C/o C Kashinath, Aged about 38years, Occ. Private Employee, 151131222, Sri Sai Balaji Homes, Besides K.Sree Apartments, Nadergul, Badangpet, K.v. Rangareddy, Telangana, 500058

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...PETITIONER

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AND

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1 The Union of lndia, Rep. by its Secretary, Ministry of Finance, New Delhi

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2 The Reserve Bank of lndia, Rep. by its Chief General Manager, 6, Sansad Marg, New Delhi -1 10001

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YES BANK, Rep. by its Chief Manager, Ground Floor, Mayank Towers, Survey no.31(Old),3112 (New), Raj Bhavan Road, Somajuguda, Hyderabad500082

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SBI Cards and Payments Services Limited (SBl Card), Rep. by its General Manager, Unit Nos 3C 3D and 3E, 3rd Floor, Queens Plaza, SP Road Secunderabad, Telangana - 500003

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Epimoney Private Limited (FlexiLoans), Rep. by its Chief General Manager, 4th Floor, South Annexe, Tower 2, One World Centre, 841 , Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra - 400 013.

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Cholamandalam lnvestment and Finance, Rep. by its Chief Manager, Building, Tower B, Plot 31-32, Financial District, Nanakramguda, Setilingampally, Hyderabad, Rangareddi, Telangana 500032

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HDFC Bank Ltd, Rep. by its Chief Manager, Sth Floor, Tower B, Peninsula Business Park, Lower Parel West, Mumbai 400013

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B. Navi Finsery Limited, Rep. by its Chief Manager, 2nd Floor, Vaishnavi Tech Square, lballur Village, Begur Hobli, Bengaluru, 560102

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Protium Finance Limited, Rep. by its Chief Manager, Nirlon Knowledge Park (NKP),82,7th Floor, Pahadi Village, Off Western Express Highway, Cama lndustrial Estate, Goregaon (East), Mumbai 400 063, Maharashtra.

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BOB Financial Solutions Ltd, Rep. by its Chief Manager, Head Office, Baroda Bhawan, R.C. Dutt Road, Vadodara - 390007, Gujarat, lndia.

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'1 1. UGRO Capital Ltd, Rep. by its Chief ltilanager, 4th Floor, Tower 3, Equinox Business Park, LBS Road, Kurla, Mumbai 400070

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12.Akara Capital Advisors pvt ltd, Rep. by its Chief Manager, 60, Second Floor, Arjun Nagar, Kotla Mubarakpur, New Delhi, Delhi^'1 10003

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13.Kotak lvlahindra Barrk, Rep. by its Chief Manager, 27 BKC, C 27, G Block, Bandra Kurli: Complex, Bandra (E), Mumbai, Maharashtra, 400051.

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14.AX|S BANK, Rep by its Chief Manager Ground Floor, Srivep l\rlall, Miyapur Rd, JP Nagar, CG Employees Colony, Mayuri Nagar, Miyapur, Hyderabad, Telangana 500049.

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1 5. lnduslnd Bank Ltd, Rep by its Chief manager, 1-8-488, Sardar Patel, Begumpet, Secunderabad -500003.

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l6.Manjira Finance Pvt Ltd, Rep. by its Chief Manager, 1-2-59712, Baraf Bagh Colony, Domalguda, Hyderabad, Telangana 500029

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lT.Federal Bank, Rep. by its chief manager, Office of the Regional Head, Flat No.'101 , 1st Floor, Krishna Plaza, No.6-2-953, Khairatabad Opp. Shadan College, Hyderabad- 500004.

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lB.Ashy Finance Limited, Rep. by its Chief Manager, 12B,3rd Floor, Techniplexll lT Park, Off. Veer Savarkar Flyover, Goregaon (West), Mumbai - 400062

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...RESPONDENTS

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Petition under Article 226 o'f 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 one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not controlling the agents who harassing the petitioner and his family by the respondents Nos. 3 to 18 (bank authorities and financial institutions) is illegal, arbitrary, violation of the principles of natural^justice and blataJ! violation and as well as Rules framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to harass the petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos. 3 to 18 to follow Circular dated 12.08.2022 vicle RBll2O22-231 108, DOR.ORG. REC.65/21 .04.158/2022-23 issued by respondent no.2.

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Counsel for the Petitioner : SRI M.KESHAV YADAV Counsel for the Respondent No.1 : SC FOR CENTRAL GOVERNMENT, . rep., DY.SOLICITOR GENERAL OF tNDtA\ Counsel for the Respondent No.g : SRI K.NEELAKANTESWARA RAO Counsel for the Respondent No.'t4 : SRI M.P.KASHYAP The Court made the following: OROER

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THE HON'BLE SRT JUSTICE NAGESH BHEEMAPAKA

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ORDER:

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Sri M. Keshav Yadav, learned counsel for the petitioner; learned Standing Counsel for Central Government representing learned Deputy Solicitor General of India, for respondent No. l; Sri K. Neelakanteswara Rao, Iearned counsel for respondent No.9 and Sri M.P.Kashyap, learned counsel lor respondent No.14.

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Whcn the matter is taken up for hearing, learned counsel lor petitioncr subrnittcd that thc issuc raised in this Writ Petition is squarcll covered by the order passed by this Court in W.P.No.S2OO of 2024, dated 25.04.2024 and therefore, the same order may be passed in this rvrit petition as u'ell. Thc operative portion of the said order reads as under:

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"8. For the aforesaid reasons and as the procedure adopted by the respondent Nos-4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 ar.d 2l of the Constitution of India, this Court deems it appropriate to direct the respondcnts, to ensure that the agents engaged by them for recovery of the loan amounts, shall strictly follow the guidelines artd instructions issued by the Reserve Bank of India and also the judgments of the Honble 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 said direction, the writ pctition is disposcd oi"

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Learncd counsel for responclcnt Nos. 1, 9 aod 14 have no objection

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lI--\ -- ..I

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'2

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Accordingly, in terms of the order passed by this Court in W.P.No.5200 ol 2024, dated 25.04.2024, and for the reasons atike, this writ petition 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 artd also the^judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur'ls case and ICICI Bank v. Shanti Devi Sharma'2s case, while recovering the loan amounts from the petitioner. No costs.

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Pending miscellaneous applications, if any, shal) gtand closed -A.SRINIVAS RE ISTANT R //TRUE COPY// SECTION OFFICER t

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SECTION OFFICER

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To,

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