Munagapati Venkatesh Vs The General Manager

Munagapati Venkatesh, S/o. Laxmi Narayana Aged about 33 Years, Occ. Business (Sai Laxmi Cool Drink Agency), F/o. H No. 4-34, Thummalapalli Village Vangoor Mandal, Wanaparthy District.

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...PETITIONER

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AND

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The General Manager, SBI Credit cards Unit 3C 3D & 3E 3d floor Queens Plaza 1-8- 384 SP Road Secundrabad 500003

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The General Manager, Bajaj Financial Services, Somajiguda, O/o. 63/891 and 892, 4th Floor, The Delvedere Rajbhavan Road, Somajiguda, Hyderabad

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The General Manager IDFC, Head Operations - Corporate Registry, Kfin Technologies Limited, Unit. IDFC FIRST Bank Limited, Selenium, Tower B, Plot No. 31&32, Financial District, Gachibowli, Hyderabad - 500 032.

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The General Manager, HDFC Bank credit cards No 61312481111/A, Gr Flr, Bhaskar Plaza, Road No 1 Banjara Hills Hyderabad, Telangana - 500034 lndia

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The Chief Manager, lClCl Bank Credit Card Regional Office Plot No 12, 7h Floor, lClCl Bank Tower, Survey No 115127, Nanakramguda-50OO08 (Survey No 1 15/27)

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The General Manager, LIQUI LOANS (UNl CARDS) Corporate Address A- 703, The Qube, Hasan Pada Road, Mittal lndustrial Estate, Nr. Mittal Commercial, Andheri East400059

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The General Manager, Kotak Mahindra Bank credit card Office No.6,36140, Ground Floor, Main Road, Ward, Himayatnagar, Hyderabad, Telangana 500029

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B. The General Manaqer, lnduslnd Bank credit cards lnduslnd Bank Ltd., #1-1072, 4rh Floor, Ashdk Janardhan Chambers, Nalli Silks Building, Belumpet, Hyderabad - 500016

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The General Manager, IDFC Head Quarters Corporate registry Kfin Technologies Limited Unit IDFC First Bank Limited Selenium Tower B Plot No. 31 and 32 Financial District Gachibowli Hyderabad 500032

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...RESPONDENTS

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Petiticn 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 one in the nature of \VRIT OF MANDA[UUS declaring the action of the respondents in sending the collection agents / muscle men / unsocial elements to the petitioners residence and harassing the petitioner family members by the respondent bank authorities rs illega,l, arbitrary, violation of the principles of natural justice and blatant violittion and as well as the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to harass the petitioner's and his family members on the ground of collecting the monthly installment rlues.

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lA NO: 1 OF 2021

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Petiti<ln underSection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to harass the petitioners and his family members on the ground of ccllecting the monthly installment dues forthwith, pending disposal of the main writ pelition.

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Counsel for the Petitioner: SRI AMBEDKAR DUNNA

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Counsel for the Respondent No.2: SRI R. MANGULAL

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Counsel for the Respondent No.5: SRI SUDHARSHAN NARAHART

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The Court made the following: ORDER

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i

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IN THE HIGH COURT FOR THE STATE OF'TELANGANA

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AT HYDERABAD

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THE HONOURABLE SRI JUSTICE NAGESt'I BHEEMAPAKA

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WRIT PETITION No.28925 of 2025

04.L2.2025

Between:

Munagapati Venkatesh

...Petitioner

AND

The General Manager & eight others

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...Respondents

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ORDER:

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. Sri D. Ambedkar, learned counsel for the petitioner; Sri R. Mangulal, learned counsel for respondent No.2 and Sri Sudha^shan Narahari, learned counsel for respondcnt No.5.

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Despite service of notice, none appeared for remaining respondents.

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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 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 writ petition as well. The 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 and 2l of the Constitution of India, this Court deems it ippropriate to direct the respondents, to ensure that the agents eng^ged by them for

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2

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t

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reoovery of the loan amounts, shall strictly follow the guidelines and instructions issued by the Reserve Bank of Inrlia and also the judgments of the Honble..supreme court in ICrcI Bank Ltd vs. prakash Kaur's case (i supra) and ICICI 9. Bank Vs. Shanti Devi Sharma's case (2 "up..i. Witl-r the above said direction, the writ petition is disposed o[."

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4 Learned counsel for respondent Nos.2 and s have no objection.

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.5. Accordingly, in terms of the order passed by this court in W.P.No.52OO ol 2024, dated 25.04.2024, and for the reasons alike, this writ petition is Cisposed of ''irecting tire respondent authorities and their agents to scrupullusly follo',,t, the guidelines/instructions issued by the Reserve Bank of InCia in its Circular dated 12.08.2022 and. also the judgments of Hon'ble Suprerne Court in ICICI Bank Ltd. v. Prakash Kaur,ls case and IcIcI Banl< 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, shall stand closed

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(20071 2 SC:C 711

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2 (2008) 7 SCC 532

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SD/. AHMED ABDULLA KHAN REG

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//TRUE COPYII

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SECTION OFFICER

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To 1. The G,:neral Manager, SBI Credit cards Unit & 3E 3'd floor Queens Plaza'-8- 384 SP Road Secundrabad 500003

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2 The Gerneral Manager, Bajaj Financial Services, Somajiguda, O/o.63/891 and 892, 4t'r Floor, The Delve<ieie Rajbhavan Road, Somajiguda, Hyderabad

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The G,-'neral Manager IDFC, Hgqg_gg"rations - .corporate Registry, Kfin !99[qctosies_^{Limited, Unit. IDFC FrRSr sJnk} Limir"d,"sJ;;iu,i]'itwer e, Plot No. 31&32, Financiar District, Gachibowii, Hyoerau;ii: s00 0il.^"

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.,r'

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't f

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The General tVlanager,^{HDFCBank creditcards No 6/3/24811111A, Gr Flr,} Bhaskar Plaza, RoiO^{No 1 Banjara Hills Hyderabad, Telangana - 500034} lndia

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Tne Cnief Manag er,:lClCl Bank Credit^{Card RegionalOffice Plot No 12, 7th} 'Floor, lClCl Bank Tower, Survey No 115/27,^{Nanakramguda-s00O08(Survey} No 115127)

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The General N/anaqer,^{LIQUI Loans (UNl Cards) CorporalgAQtets A-703,} - .TE OuUe, Hasan FaOb Road, tMittal lhdustrial Estate, Nr. ttlittal Commercial, Andheri East-400059'

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T. The General Manajer,^{Kotak tVahindraBank credit card Office No.6,36140,} Ground Floor, fVlaIn^{Road, Ward, Himayatnagar, Hyderabad,Telangana} 500029

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The General l/lanager,^{lnduslnd Bankcreditcardslnduslnd Bank Ltd., #1-10-} 7i, 4th' Floor, Ashdk Janardhan^{Chambers, Nalli SilksBuilding,Begumpet,} Hyderabad^- 500016

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The^'General [tlanager,^{IDFC Head Quarters Cgrporgteregistry-} [fin feinnofogiei timit"d"Unit^{IDFC First Bank Limited SeleniumTower B Plot} No. Cf aiaZZ Financial^{District Gachibowli Hyderabad500032}

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