Pampari Chaitanya Kumar, Vs The Union of India — Writ and Judicial Review | Telangana HC (2025)

Pampari Chaitanya Kumar, Vs The Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without costs: respondent authorities and their agents are directed to scrupulously follow the RBI guidelines/instructions (including the Circular dated 12.08.2022) and the Supreme Court judgments in ICICI Bank v. Prakash Kaur and ICICI Bank v. Shanti Devi Sharma while recovering loan amounts from the petitioner; pending miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the failure of the respondents (bank authorities and financial institutions, Nos.3 to 12) to control the recovery agents engaged by them, who harass the petitioner and his family on the ground of collecting monthly instalment dues, is illegal, arbitrary and violative of the principles of natural justice, the Rules framed under the Reserve Bank of India (including the Circular dated 12.08.2022) and the fundamental rights guaranteed under the Constitution, warranting a writ of mandamus.

Court's answer

The writ petition is disposed of in terms of this Court's order in W.P.No.5200 of 2024 dated 25.04.2024, and for the reasons alike stated therein.

Ratio / Principle

The respondent authorities and their agents are directed to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India in its Circular dated 12.08.2022 while recovering the loan amounts from the petitioner.

Key takeaways

The respondent authorities and their agents are further directed to follow the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur and ICICI Bank v. Shanti Devi Sharma while recovering the loan amounts from the petitioner.ratio¶52

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), Justice Nagesh Bheemapaka - Writ Petition No.32858 of 2025, decided 02-12-2025. An individual borrower sought a writ of mandamus declaring illegal and arbitrary the failure of respondent Nos.3 to 12 (HDFC Bank, Kotak Mahindra Bank, Kisetsu Saison Finance India Pvt Ltd, ICICI Bank, YES BANK, SIMFG India Credit Company Ltd, Krazybee Services Pvt Ltd, Si Creva Capital, Unifinz Capital India Ltd, Finc Friends Pvt Ltd) to control recovery agents who allegedly harassed him and his family while collecting monthly loan instalments, contrary to the Rules framed under the RBI and the RBI Circular dated 12.08.2022 (vide RBI/2022-23/108, DOR.ORG.REC.65 21.04.158/2022-23), and violative of fundamental rights; respondent Nos.1 and 2 were the Union of India (Ministry of Finance) and the RBI. Petitioner's counsel relied on this Court's order in W.P.No.5200 of 2024 dated 25.04.2024, which had found such recovery procedures violative of Articles 14 and 21 of the Constitution and had directed agents to follow RBI guidelines and the Supreme Court judgments in ICICI Bank Ltd v. Prakash Kaur ((2007) 2 SCC 711) and ICICI Bank v. Shanti Devi Sharma ((2008) 7 SCC 532). Counsel for respondent Nos.1, 4, 5 and 8 had no objection; none appeared for the remaining respondents. Adopting that order in terms, for reasons alike, the Court disposed of the writ petition directing respondent authorities and their agents to scrupulously follow the RBI guidelines/instructions in the Circular dated 12.08.2022 and the said Supreme Court judgments while recovering loan amounts from the petitioner; no costs; pending miscellaneous applications closed.

t³³⁰⁰ I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

TUESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO:32 858 0F 2025

Between:

occ Pampari Chaitanva^privare Emo Kumar H Nri 2r-065, Ltctaa;' S/o_ Pampari Raj Kumar Aoed about^'il# iriBl+, rsrrc 29 coronv,years, p.b.tDA Jeedim;fl a; -DIsr kVnr"i!,"ooy- ieraiiJnZi $u;BEBr,,"r,.

...PETITIONER

AND

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

The Reserve Bank Delhi -11000.1 of lndia, Rep. by its Chief Manager, 6, Sansad Marg, New

HDFC BANK Ltd. Reo bv its Chief Man.ager pN 26, 33/4&34/8, Gr Fir, Delta

House, sy No 68. AltraryriCross Roao r,rtffirr, ii-vieiib"o_ sooo+s

Kotak lrlahindra Bank, Rep. by itlChief Manager, 27 BKC, C 27, G Block, Bandra Kurla Comptex, Bandia (E),MumUJi, ta:J'"ijsitra, 400051.

Kisetsu Saison Finance lndiapvt Ltd, Rep. By its Chief lVanager, lndiqube Lexington Tower. First Floor, Tavare(er"'Hrt"-i'n no"J,l"rurur.tirJ, SOHJrjrr, Bengaluru, Karnataka - 560029

lclCl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist. Ptot No l 2, Nana(ramguoa, ciCnioowiiiyliJfiiiiir]i"l"nsana 500032.

7 YES BANK Rep by its Chief Manager, Ground Floor, Mayank Towers, Survey no.31(Otd'), 31t2 (New), Raj-Bhavan RoaO, SomalJguOa, Hyie%UaO_ 500082

SIMFG lndia Credit Company Ltd, Rep by its Chief Manager, Zth Floor, 703 and to4, Aditya rrade ient6r, ameeip;i iyd";;;;1i_'ioooss

9 [1qz.yb99 Services^private. Limited, Rep by its Chief Manager, 3rd Ftoor, No. 128/9, Maruthi Sapphire, HAL nirpbrt Coia,'-^{- - '''-'}

Si Creva Caoital. Reo. bv its Chief .Man-a.ger 1oth Floor, Tower 4, Equinox Park, LBS trlarg, Kuria West, Mumbai MEn,ir"ritii-"i'obozo

Unifinz Capitat lndia Limited, R_ep by its Chief Manager 5th Floor,Rajlok Buitding,24, Nehru^ptace t'tew Odfri, oetn-i_iiOof sl'-

'12. Finc Friends Private Limited, 4th Floor, plot No, .18, Ser t rr 44, Gurugram, Haryana 122003

...RESPONDENTS

Petition under Article 226 of the Constitution of lnd i praying that in the circumstances stated in the affidavit filed therewith, the 1gh Court may be pleased to issue an appropriate writ, order or direction mc r > particularly one in the nature of WRIT OF MANDAMUS declaring the action o the respondents in not controlling the agents who harassing the petitioner ar J his family by the respondents No.3 to i2 (bank authorities and financial it ;titutions) is illegal, arbitrary, violation of the principles of natural justice and blirl rnt vioiation and as well as Rules framed under Reserve Bank of lndia and the fundamental rights guaranteed under the Constitution of lndia consequenfly dir rct the respondents not to harass the petitioner and his family members on the 6ound of collecting the monthly installment dues and direct respondent no. 3 to 2 to follow Circular dated^'12.08.2022 vide RBU202Z-23/1O8, DOR.ORG. REC.65 21 .04.158t2022-23 issued by respondent no.2.

Counsel for the Petitioner: SRt M. KESHAV YADAV

Counsel for the Respondent No.1: SRI N.BHUJANGA RAO,

DEPUry SOLICITOR GENERAL O: INDIA

Counsel for the Respondent No.4: SRI V.SANTOSH

Counsel for the Respondent No.5:Smt K.RAMYA

Counsel for the Respondent No.8: SRI PAVAN KUMAR ANNI BATUNI

Counsel for the Respondents Nos.2,3,6 ,7 ,9 to 12: None App -. rred

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION No.32858 of 2025

02-L2-2025

Between:

Pampari Chaitanya Kumar

...Petitioner

AND

The Union of India & 1 1 othcrs

...Respondents

ORDER:

Heard Sri M.Keshav Yadav, learned counsel for the petitioner, Srr N.Bhujanga Rao, learned Deputy Solicitor General of Indra, for respondent No. 1, Sri V.Santosh, learned counsel for respondent No.4, Smt K.Ramya, learned counsel for respondent No.5 and Sri Pavan Kumar Annabathuni, learned counsel for respondent No.8. Perused the record.

Despite service of notice, none appeared for remaining respondents.

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.5200 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:

"8. For the aforesaid reasons and as the^procedure adopted by the respondent Nos.4 to 7 for^{recovery of loa-n} anount from the^petitioner, amounts to^{violationof the rights}

2

guaranteed unCer Articles 14 and 2L of the (l ,nstitution of India, this Court deems it appropriate .( direct the respondents, to ensure that the agents engag(,( by them for recovery of the 1oa-n amounts, shall stric I ' follow the guidehnes a:rd instructions issued by the Res :rve Bank of India ald also the judgments of the Honble S r preme Court in ICICI Bank Ltd Vs. Prakash Kaur's casr: ( supra) and ICICI Bank Vs. Shanti Devi Sharma,s case (2 s rpra). 9. V/ith thc above said direction, thc ur t pctition is disposed of. "

Learned counsel for respondent Nos_ 1, 4, 5 and g Lave no objection.

Accordingly, in terms of the order passed by this Court in W.P.No.5200 of 2024, dated 25.O4.2024, and for the re: ;ons alike, this writ petition is disposed of directing the respondent authorit es and their agents to scrupulously follor.v Lhe guidelines/ instructions isr r ed by the Reserve Bank of India in its Circular dated 12.08.2022 and a: : the judgments of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakar;, r Kaur'ls case and ICICI Bank v. Shanti Devi Sharma,2s case, while. r :covering the loan amounts from the petitioner. No costs.

Pending miscellaneous applications, if any, sherlt stand closed. (2oo7l 2 scc 711 2(2008) 7 SCC s32

To,

1 . The Secretary, Union of India, Ministry of Finance, Ne! Delhi 2. The Chief Manager, Reserve Bank of lndia, 6, San; rd fVarg, New Delhi - 1 10001

The Chief Manager, HDFC BANK Ltd, PN 26, 33t, ,&34lB, Gr Fir, Delta House, sy No 68, Allwyn Cross Road tvliyapur, Hydera: rd- 500049

The Chief Manager, Kotak l\ilahindra Bank, 27 BKC,⁽ 27, G Block, Bandra Kurla Complex, Bandra (E),Mumbai, Maharashtra, 40(⁽ 51.

5 The chief Manager, Kisetsu saison Finance rndia pvt Ltd, rndiqube Lexington Tower, First Floor, Tavarekere Main Road, Tavarekere, SG palya, Sengairir, Karnataka - 560029.

The chief lvranager, rcrcr Bank, rcrcl Bank rowers, Financiar Dist. prot. No.

1. The 12, Nanakramguda, Chief^yES BANK, Ground Floor, Mayank Gachibowli Hyderabad, Telanqana T'owers, 500032_Survey no.31(Old),

^^{31/2 (New), Raj Bhavan Road,Somajuguda; Hyderabad_500082Hyderabad_500082}

^^{31/2 (New), Raj Bhavan Road,Somajuguda; Hyderabad_500082Hyderabad_500082} 8 The Chief fVanager, S.,4FG tndia CreOiiCompany f tA, 7th Floor, tO3 and tO4, Aditya Trade Center, Ameerpet, Hyderabad _ 50d038.

9 The chief Manager, Krazybee services private Limited, 3rd Froor, No. .r2gl9, Maruthi Sapphire, HAL Airport Road,

10 The Chief Manager, Si Creva Capital, 10th Floor, Tower 4, Equinox park, LBS Marg, Kurla West, Mumbai, N/aharashtra-400070

11 The chief Manager, Unifinz capitar rndia Limited, 5th Froor,Rajrok Buirding,24, Nehru Place New Dethi, Dethi_110019

12.The Finc Friends private Limited, 4th Floor, plot No, ig, Sector 44, Gurugram, Haryana 122003

13.One CC to SRt Ir/. KESHAV YADAV, Advocate [OpUC]

'14.One CC to SRt V.SANTOSH, Advocate [OpUCl

15.One CC to SRt K.RAMyA, Advocate tOpUCl

One CC to SRr PAVAN fgMlR ANNABATFIUN|, Advocate [OpUC]

17.ONE CC tO SRI N BHUJANGA RAO, DEPUTY SOLICITOii GEIiERAL OF

, tNDtA IOPUC]

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HIGH COURT

DATED:0211212025

ORDER

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WP.No.32858 of 2025

D!SPOSING OF THE WRIT PETITION WITHOUT COSTS

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