Writ petition disposed of by directing banks and financial institutions to strictly follow RBI circular dated 12.08.2022-23 and Supreme Court judgments in ICICI Bank cases regarding loan recovery practices.
Directing respondents 3 to 11 to strictly follow RBI guidelines and Supreme Court judgments in recovery of loan amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
/
[3300 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTIGE NAGESH BHEEMAPAKA
WRIT PETITION NO: 30492 OF 2025
Between:
Kurmala Naresh, s/o Mohan Rao Aged about 37 years, occ. Private Employee, R/o. 4-87, Sathram Centre , Penuganchiprolu, Dist Krishna Andhra Pradesh - 52i1gO
...PETITIONER
AND
...RES'.NDENT'
-l ,,1 -id
Petition under Article 226 of the Constitution of lndia praying that in the circumstancr>s 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 c,f 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 11 (bank authorities and financial institutions is illegal, arbitrary, violation of the principles of natural justice and blatant violation and as well as Rult:s framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequently direct the respondents not to haras's the petitioner and his family members on the ground of collecting the monthly installment dues and direct respondent nos. 3 to 11 to follow Circular dated 12.08.2022-23 vide R}tt2o22..23r1o8, DoR.oRG. REC.65/21 .04.15812022,23 issued by respondent no.2.
Counsel for the Petitioner : SRI M.KESHAV YADAV
Counselfor the Respondent No.1 : SC FOR CENTRAL GOVT
counselfor the Respondent No.B : sRt SUDHARSHAN NARAHART
Counsel for the Respondent No.2to7, 9to11 :
The Court nrade the following: ORDER
::::1.1 -:-.li;iEi
It
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.3O492 of 2o.25
ORDER:
Heard Mr. M. Keshav Yadav, learned counsel for the petitioner; .iearned Standing Counsel for Central Government for respondent No.1 and learned counsel appearing for respondent No.B. Perused the record
a
\
"8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 tor 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 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 Hon'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).
,l I
2
Shanti Dervi Sharma and others2.
Pe nding miscellaneous applications, if any, shali stand
closed. Nc, costs
Sd,. M.JAWAHARREDDY "ru$;iA'tir REGIsTRAR /
,/TRUECOPY//
ECTIONOFFICER
6.TrnroCD CoPies
w
'lzooz)2s,-cztt 2 (2008) 7 S,lC 532
\ t\
I I I i I tI I 1 !!l i aI : it I I I I I II I I II ! I I :
HIGH COURT
DATED:1411112025
Wr\ I i tI: ii-r 0f
()
[] / i" -l l'l]i
*
t
ORDEFR
WP.No.30492 ot 2025
DISPOSING OF THE WRIT PETITION WITHC)UT COSTS
q ."a'O"n
&.-
1 issue framed by the court
Whether the recovery actions of respondents 3 to 11 against the petitioner violate fundamental rights and RBI guidelines?
Colour shows how this judgement treated each authority
ICICI Bank Ltd Vs. Prakash KaurReferred¶46
ICICI Bank Ltd Vs. Prakash Kaur's case (1 supra)
ICICI Bank Vs. Shanti Devi SharmaReferred¶46
ICICI Bank Vs. Shanti Devi Sharma's case (2 supra)
1 provisions across 1 enactments
Kurmala Naresh
Union of India
Reserve Bank of India
IDBI Bank
RBL Bank
HDFC Bank Ltd
Nagesh Bhemapaka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
