Molangur Narender Babu Vs Union of India

Molangur Narender Babu, S/o. M Ramchander, Age 31 years, Occ Pvt. Employee, R/o. 1-3-176184, Tallabasti, Chitrala Nagar, Kavadiguda, Secunderabad, Hyderabad - 500080 PAN NO- BDlPC2008R

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...pETtTtONER

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AND

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Union of lndia, Represent by it's Secretary, lt/inistry of Finance, New Delhi 2. Reserve Bank of lndia (RBl), Represent by its Chief General Manager, 6, Sansad lvlarg, New Delhi - 1 10001

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SBI Cards and Payments Services Limited (SBl Card), Rep. by its Chief Manager, State Bank of India Credit Cards Unit Nos 3C 3D and 3E 3rd Floor Queens Plaza 18382 Queens Plaza SP Road Secunderabad Telangana500003

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Axis Bank, Rep by its Chief Manager Fatepuria Towers, 5141186, Mahatma Gandhi Rd, Karbala Maidan, Rani Gunj, Hyderabad, Secunderabad, Telangana 500003

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The Catholic Syrian Bank Ltd, Rep by its Chief Manager No 316127612, Uma Square, GHMC l/ain Road, Himayath Nagar, Hyderabad - 500029

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Poonawalla Fincrop Pvt Ltd, Rep. by its Chief Manager, 201 and 202,2nd Floor, APB1, Koregaon Park Annex Mundhwa, Pune, Maharashtra-411036

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Whizdm Finance Private Limited, Rep by its Chief Manager, Survey No. 1711A,Ihe Address Building, Outer Ring Road, Kadubeesanahalli, Bellandur, Bengaluru, Karnataka 560087

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B NEWTAP FINANCE PRIVATE LllM|TED, Rep by its Chief [/anager, 404, Uphar ll CHS Ltd, Plot No. 5 BHD, Sanjeeva ENC 7 Bunglows, Near Juhu Circle, Mumbai, Maharashka 400061

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YES BANK, Rep by its Chief fVlanager Ground Floor, Shop No. i1, 77, NH 65, GouthaniSi Nagar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050

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Piramal Finance Limited, Rep by its Chief lvlanager, #601, 6th Floor, Amiti Building, Agastya Corporate Park, Kamani Junction, Opp Fire Station, LBS Marg, Kurla(W), Mumbai - 400070

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'l 1.Trillionloans Fintech Private Limited, Rep by its Chief Manager 705, Kanakia Boomerang, 7th Floor, Unit No. P.2, near Chandivali, Yadav Nagar, Chandivali, Powai, Mumbai, Maharashtra 400072

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l2.AM|CA FINANCE PRIVATE LltvllTED, Rep by its Chief lt/anager, Office^No. 31, 3rd Floor, 124,Yira1 Premises CHS Ltd., S V Road, Khar West, [/umbai, Maharashtra, 400052

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13.Akara Capital Advlsors Private Limited, Rep by its Chief Manager60, Second Floor, Arjun Nagar, Kotla Mubarakpur, New Delhi, Delhi, lndia, 110003

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BRANCH INTERNATIONAL FINANCIAL SERVICES PW LTD, Rep by its Chief Manager, 91 Springboard,B Wing, 5th Floor, Akruti, Trade Centre, Andheri East [r]umbai Mumbai City MH lN 400093

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..RESPONDENTS

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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 issue an appropriate Writ, Order, or Direction, more particularly in the nature of Writ of lrlandamus. declaring the action of respondent Nos. 3 to 14 in attempting to recover amounts from the^petitioner in an arbitrary, illegal, and highhanded manner without following the due^process of law and in blatant violation of the Reserve Bank of lndia Circular dated 1210812022 bearing No. RBI/202223l1OB, DOR.ORG REC .65121 .04.15812022-23, and further declaring the inaction of respondent No. 2 in enforcing the said Circular as unconstitutional and violative of Articles 14,^'19. and 21 of the Constitution of lndia, and consequently direct the respondent authorities to refrain from undertaking any coercive or unlawful recovery measures against the petitioner and to strictly comply with the due process of law and the aforesaid Circular in all recovery proceedings, and further restrain respondent Nos.3 to^'14, their agents, recovery agents, executives, managers, or 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, threatenlng 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 Nos. 3 to 14 for violating legal norms, and pending disposal of the writ petition, direct the respondent Nos- 3 to 14 not to resort to any coercive measures against the petitioner except through lawful means and in strict adherence to the Circular dated 1210812022.

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Counsel for the Petitioner: Ms. THAKUR MANASWINI SINGH FOR SRI BONTHU LOKESH PHANINDRA REDDY

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Counsel for the Respondent No.1: SRI N.BHUJANGA RAO, Deputy Solicitor General of lndia Counsel for the Respondent Nos.2 TO 14: -

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The Court made the following: ORDER

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I

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THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION No.32839 ot 2025

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ORDER:

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I Iearci Ms. T1-ral<ur Manzrss,ini Singl-r, learrrc<l cournscl representing Sri Bor-rthu Lokesh Phanindra [ledd_r', learncd counsel lor the petitioner and learned Standing Counsel for Central Covernment lor respondent No. 1. Perused the record.

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When the matter is taken up lor hearing, learned counsel fbr petitioner submitted that the issue raised in this Writ Pctition is sqr-rarely covered by the order passed by this Court in W.P.No.52O0 of 2024, dated 25.0,1.2024 ar,d therefore, the same orrier may be passed in this r.r,rit petition as well. The operative portion of the said orclcr reads as under:

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"8. For the aforesaid reasons and iis the procedure adopted by thc rcspondcnt Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the rights guaranteed under Articles 14 and 2 1 of the Constitution of India, this Court deems it appropriate to clirect the respondents, to enslrre that the agents engaged by them for rccovely of the loan amounts, shall strictly lollow the guidelines and instructions issued by the Reserve Bank of India and also the^judgments ol the Hon'ble Supreme Court in ICICI Bank Ltd Vs. Prakash Kaur's case (l supra) and ICICI Bank Vs. Shanti Devi Sharma's case (2 supra).

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With the above said direction, the r.r,rit pctition is disposed of."

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.2

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Learncd Standing Counsel did not dispute the submissions of learned cour-rsel for the petitioner

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In terms of the older passed by this Court in W.P.No.520O of 2O24. datecl '25.O1.2021, and for the reasons alike, this writ petition is disposecl ot rlirect irrg the respondent authorities to scrupulously folioir the guidclines/ instructions in the RBI Circular datecl 12.O8.2022, ancl also the^juclgments of Hon'ble Supreme Court in

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ICICI Bank Ltd Vs. Prakash Kaur and othersl and ICICI Bank Vs.

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Shanti Dewi Sharma and others2.

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Pending rniscellaneous applications, il any, shall stand

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closed. No costs

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l20o7l^{2 scc 711}

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2 (2008) 7 SCC 532

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SD/. S.MALLIKARJUNA RAO SI TANT REGISTRAR

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//TRUE COPY// \ S TION OFFICER

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To 1 . The Secretary. Union of lndia, Ministry of Finance, elhi 2. The Chief General Manager, Reserve Bank of lndia⁽ ,6,^SansadMarg, New Delhi - .1 10001

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The Chief Manager, SBI Cards and Payments Services Limited (SBl Card), State Bank of lndia Credit Cards Unit Nos 3C 3D and 3E 3rd Floor Queens Plaza 18382 Queens Plaza SP Road Secunderabad Telangana500003

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The Chief Manager, Axis Bank, Fatepuria Towers, 5141186, Mahatma Gandhi Rd, Karbala Maidan, Rani Gunj, Hyderabad, Secunderabad, Telangana 500003

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The Chief Manager, Catholic Syrian Bank Ltd, No 3/6/27612, Uma Square, GHMC Main Road, Himayath Nagar, Hyderabad - 500029

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The Chief Manager, Poonawalla Fincrop Pvt Ltd, 201 and 202,2nd Floor, AP8'1, Koregaon Park Annex Mundhwa, Pune, Maharashtra-4'l 1036

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The Chief Manager, Whizdm Finance Private Limited, Survey No. 17l1A, The Address Burld!1g, Outer Ring Road, Kadubeesanahalli, Bellandur, Bengaluru, Karnataka 560087

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The Chief Manager, NEWTAP FINANCE PRIVATE LIMITED. 404. Uohar Il 9-HS^{Ltd, Plot No. 5 BHD,Sanjeeva ENC 7 Bunglows, Near} Juhu bir'cle, Mumbai, Maharashtra 400061'

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9 TheChief'A/lanager, YES BANK, Ground Floor, Shop No.11,77, NH 65, 9outhamiSi^{Nagar Colony, Jawahar Cotony, CiiandhNagar;Hydeiab;d,}

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Telangana 500050

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10.The chief Manager, Piramal Finance Limited, 44601, 6th Floor, Amiti Buildino. Agastya Corporate Park, Kamanr Junction. Opp Fire Station, LBS Marg. Kurlaflfl), Mumbai - 400070

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I

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'1 1. The Chief Manager, TrillionLoans Fintech Private Limited, 705, Kanakia Boomerang, 7th Floor, Unit No. B2, near Chandivali, Yadav Nagar, Chandivali, Powai, [/umbai, Maharashtra 400072

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12.The Chief Manager, AMICA FINANCE PRIVATE LltvllTED, Office No. 31, 3rd Floor,124, Viraj Premises CHS Ltd., S V Road, Khar West, Mumbai, lvlaharashtra, 400052

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13.The Chief Manager, Akara Capital Advisors Private Limited, 60, Second Floor, Arjun Nagar, Kotla Mubarakpur, New Delhi, Delhi, lndia, 110003

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'14 The Chief Manager, BRANCH INTERNATIONAL FINANCIAL SERVICES PVT LTD, 91 Springboard, B Wing, Sth Floor, Akruti, Trade Centre, Andheri East Mumbai Mumbai City MH lN 400093

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