Rudrakshalamatam Dilip Kumar, Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

Rudrakshalamatam Dilip Kumar, Vs Union of India — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of in the terms of the Court's order in W.P.No.18913 of 2024 (dated 22.08.2024), directing the respondent authorities and their agents to scrupulously follow the RBI guidelines/instructions (Circular dated 12.08.2022) and the Supreme Court judgments in ICICI Bank Ltd. v. Prakash Kaur and ICICI Bank v. Shanti Devi Sharma while recovering loan amounts from the petitioner; no costs awarded; pending miscellaneous applications, if any, stand closed.

Issue for consideration

Whether respondent Nos. 3 to 14 could attempt to recover amounts from the petitioner in an arbitrary, illegal and high-handed manner without following the due process of law and the Reserve Bank of India Circular dated 12.08.2022. +1 more

Court's answer

In terms of, and for the reasons alike to, the order in W.P.No.18913 of 2024 dated 22.08.2024, the writ petition is disposed of by directing the respondent authorities and their agents to scrupulously follow the guidelines/instructions issued by the Reserve Bank of India (Circular dated 12.08.2022) while recovering loan amounts from the petitioner.

Ratio / Principle

While recovering the loan amounts from the petitioner, the respondents and their agents must also follow the judgments of the Hon'ble Supreme Court in ICICI Bank Ltd. v. Prakash Kaur and ICICI Bank v. Shanti Devi Sharma.

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction), single Bench (Nagesh Bheemapaka J.), 08.12.2025 — W.P. No. 33850 of 2025: The petitioner sought a writ of mandamus under Article 226 against the Union of India, RBI and twelve banks/NBFCs (HDFC Bank, IndusInd Bank, YES Bank, SBI Card, ICICI Bank, BOBCARD, Kotak Mahindra Bank, South Indian Bank, RBL Bank, Kisetsu Saison Finance, Bajaj Finance, DBS Bank India), alleging arbitrary, high-handed recovery of loan amounts in blatant violation of RBI Circular dated 12.08.2022 (No. RBI/2022-23/108, DOR.ORG.REC.65/21.04.158/2022-23) and of RBI's inaction in enforcing it, purportedly violative of Articles 14, 19 and 21. Holding the issue squarely covered by the Court's own order in W.P.No.18913 of 2024 dated 22.08.2024, with counsel for respondent Nos. 1, 7, 12, 13 and 14 raising no objection (none appearing for the rest), the Court disposed of the writ petition in identical terms, directing the respondent authorities and their agents to scrupulously follow the RBI guidelines/instructions (Circular dated 12.08.2022) and the Supreme Court rulings in ICICI Bank Ltd. v. Prakash Kaur ((2007) 2 SCC 711) and ICICI Bank v. Shanti Devi Sharma ((2008) 7 SCC 532) while recovering the loan amounts; no costs; pending miscellaneous applications closed.

[³³⁰⁰ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

WRIT PETITION NO: 33850 OF 2025

Between:

Rudrakshalamatam Dilip Kumar, C/o Rudrakshalamatam Vijaya Linga Swamy, Age 32, years, Occ. . Job Searching Ryo flat no 403, Lotus Sathvik Homes, Adity, Hil-ls, behind hill top badminton academy, Pragathi nagar, VTC. Nizampet, Qutu6ullapur, Medchal - Malkajgiri District, Telangana-500090.

.....PETITIONER

AND

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

HDFC Bank Limited, Rep by its Chief Manager, No 1/10/60/3, Suryodaya, Begumpet, Hyderabad, Telangana 500016.

INDUSIND Bank Limited, Rep by its Chief Manager^'l-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052.

YES BANK, Rep by its Chief Manager Ground Floor, Shop No.11, 77, NH 65, Gouthami Nagar Colony, Jawahar Colony, Chanda Nagar, Hyderabad, Telangana 500050.

SBI Cards and Payments Services Limited (SBl Card, Rep. by its Chief Manager, DLF Cyber City, Tower C, Block 2, Building 3 DLF lnfinity Towers, 121 Floor, Gurugram, HR - 122002.

lclcl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032.

BOBCARD LIMITED, Rep by its Chief Manager 2nd to 4th Floor, Baroda House, S V Road, Jogeshwari West, Mumbai, Maharashtra, 4O01O2.

KOTAK MAHINDRA BANK., Rep. by its Chief Manager, 12-6-2121911, JAYA COMPLEX, KUKATPALL.

10.South lndian Bank Limited, Rep. by its Chief Manager, T.B.Road, Mission Quarters, Thrissur-680001, Kerala.

RBL Bank, Rep. by its Chief Manager Shop no 5-4110 arr, 5-411 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050.

KISETSU SAISON FINANCE PRIVATE LTD., Rep. by it; Chief Manager, lndiQube Lexington Tower, First Floor, Tavarekere Main I load, Tavarekere, S.G. Palya Bengaluru, Kamataka 560029.

13.BAJAJ FINANCE, Rep. by its Chief Manager, 6th, Floor, liajaj Finserv Corporate Office, Pune-Ahmednagar Road, Viman Nagar Pune, Maharastra -^411014.

DBS Bank lndia Limited, Rep. by its Chief Manager, Grou^.rd Floor, Express Towers, Nariman Point, Mumbai - 4OOO21 .

...RESPONDENTS

Petition Under Article 226 of the Constitution of lndir praying that in the circumstances stated in the affidavit filed therewith, the t igh Court may be pleased to issue an appropriate Writ, Order, or Direction, mo e particularly in the nature of Writ of Mandamus, declaring the action of responc 3nt Nos. 3 to 14 in attempting to recover amounts from the petitioner in an arbitra y, illegal, and highhanded manner without following the due process of law and i I blatant violation of the Reserve Bank of lndia Circular dated 12.08.2022 bearil 1 No RBll2022-231 108, DOR.ORG.REC.65/21.04 .15812022-23, and further decl; ring the inaction of respondent No. 2 in enforcing the said Circular as unconstituri rnal and violative of Articles 14, 19, and 21 of the Constitution of lndia, and con equently direct the respondent authorities to refrain from undertaking any c < ercive or unlawful recovery measures against the petitioner and to strictly cr mply with the due process of law and the aforesaid Circular in all recovery pror;r edings, and further restrain respondent Nos. 3 to 14, their agents, recovery rgents, executives, managers, or any person acting on their behalf from engzr, ing in any acts of intimidation, harassment, humiliation, or intrusion into the pri'r rcy of the petitioner or his family members, referees or friends, including persis ent or anonymous calls, threatening messages, or physical visits to the petitiorr:r's premises , and further direct rebpondent No. 2 to enforce the said RBI Circu i r in letter and spirit and to initiate appropriate and stringent action against the errant officials of respondent Nos. 3 to 1 4 for violating legal norms, and pendin 3 disposal of the writ petition, direct the respondent Nos. 3 to 14 not to resort to any coercive measures against the petitioner except through laMul means and in stri t adherence to the Circular dated 1 2.08.2022.

Counsel for the Petitioner : SRI BONTHU LOKESH PHANINDRA^REDDY Counsel forthe Respondent No.1 : SRI N.BHUJANGA RAO,^DEPUTY SOLICITOR GENERAL OF INDIA

Counsel for the Respondent Nos.2 to 6 : --

Counsel forthe Respondent No.7 : SRI SUDHARSHAN NARAHARI

Counsel for the Respondent Nos.8 to l'1 : -

Counsel forthe Respondent No.12 : Ms. K.RAMYA

Counsel forthe Respondent No.13 : Ms. ANAND MASNA

Counsel for the Respondent No.14 : Ms. R.NAVANEETHA

The Court made the following ORDER

./

IN THE HIGH COURT FOR THE STATE OF TEI ANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHID

'MAPAKA

WRIT PETITION No.3385O of 2Ct:,5

oa.L2.2 02s

Between:

Rudrakshalamatam Dilip Kumar

.. Petitioner

AND

Union of India,

Represented by its Secretary.

Ministry of Finance, New Delhi & 13 others

ORDER:

...fI rspondents

Heard Sri Bonthu Lokesh phanindra Reddy, learr ed counsel for petitioner, Sri N.Bhujanga Rao, learned Deprr y Solicitor General of India, for respondent No.1, Sri Sudharshz: L Narahari, learned counsel for respondent No.7, Ms K.Ramy r, learned cou,sel for respondent No. r2, Ms.Anand Masna, rear r :d counsel for respondent No.13 and Ms R.Navaneetha, learned r ounsel for. respondent No.14. perused the record.

Despite servlce of notice, none appea_red for remalnlng

rg

2

respondents.

When the^{matter is taken up for hearing' learned counsel} for petitioner^{submitted that the issue raised in this Wrii Petition} is squarely^{coveredby the order passed by this Court in} W.P.No.18913^{of 2024, dated22'08'2024and therefore'the same} order may^{be passedin this writ petition as well' The operative} portion of the^{said order reads as under:}

"8. In view of^{the above circulars' this CouiL} d"eems it^{appropriate to direct the respondents} -to ".,.r."^{thai tfte agentsengaged by . 'ltT,,fo'} ;;;";..y^{of the loan amounts, shall strictly follow} ,fr." *,-,'ia.fi""s^{and instructions issued by the} il""ir;;;;k of tndia^{and also the judgments} -of ii-r. fr."frf"^{Suprerne Court in ICICI BankLtd Vs'} ii.t."i Kaur's case^{(1 supra) and ICICI BankVs'} itranti Devi^{Sharma'scase (2 supra)'}

g. With the above^{direction'the writ petitionis} disposed^{of. No costs "}

12, 13 and¹⁴ 4 l,earned counsel^{for respondent Nos'1'7}

have no^objection'

Accordingly,^{in terms of the order passed by this Court tn} W.P.No.189 13^{of 2024, d'ated' 22'08'2024'and for the reasons} alike, this^{writ petitionis disposedof directingthe respondent} authorities and^{their agents toscrupuiously follow the} guidelines/ instructions^{issued by the Reserve Bankof India in lts}

Circular dated 12.08.2022 atd also the judgmer ts of Hon'ble Supreme Court in ICICI Bank Ltd. v. prakash Kar.r'Is case and

ICICI Bank v. Shanti Devi Sharma,2s case, while ecovering the

loan amounts from the petitioner. No costs.

Pending miscellaneous applications, if any, r hall stand closed. , /

't(20o71² Scc 71'l 2(2008)⁷ Scc 532

f BAI'f;iYh,=#i3,?'^"J //TRUE^COPY//i \'._ I^{. sECTtoNoFFlcER}

To 1. The^{Secretary'Union of lndia, Ministryof Financ} N REil I^relhi ,^{6, Sansad Marg'} 2. The^{Chief GeneraI Manager, ReserveBank of ln}

New Delhi -^{1 '10001.} FC Bank^{Limited,No'ti10/60/3' iuryodaya'}

1. The^Chief Manager,^HD Beg umpet,Hy^{derabad,Telang ana500016}

1. The^{Chief Manag er, INDUSIND Bank Limited,1-248,tJP:er Ground Floor'} Miya pur Cross^{Roads, B} ollaram,^Telang ana 500052Floor,^{ShoPt(.11,77, NH 65,}

1. TheGouthChief ami^{ManageNagar ColonY,} r, YES^{Jawahar Colony, Chanda} BANK,^{GroundNa1yrr, HYderabad'}

.i[Efxgf1fii,Si;_'"',5:at:f i:J,1il[",'l','."fl li,";i;'T"'ii[]?!??*;'., :,'

rrg:,r**fl"g?imu,i,fl'#t;qi'ii,ffi " co-r,llplex' KUKATPALLY Tndian^{Bank Limited, T.B.Rc ad, Mission Quarters,}

1o.The Chief^{Manager, sot}

1o.The Chief^{Manager, sot} ;;.il#u'*++qatu,{Fl'ii}i''$1if i.i;,ffi ** Lexington^{Tower, Flrst}

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16.One CC to SRI N.BHUJANGA RAo, DEPUry SoLICIToR GENERAL oF . _ [.lDl4,^Advocate [OPUC] 17.One CC to Ms. K.RAMYA. Advocate (opl tcl '!9.9n" CC to Ms. ANAND MASNA, Ao-rb"rti76puo 'I 9. one CC to Ms. R. NAVAN E ETHA, nOro-"-itJ topuZl 20.Two CD Copies SA LS W

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HIGH COURT

DATED:0811212025

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ORDER

WP.No.33850 of 2025

DISPOSING OF THE W.P

WITHOUT COSTS.

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