Rakesh Anand Manjakuppam Gajanand Vs The Union of… — Writ and Judicial Review | Telangana HC (2026)

Rakesh Anand Manjakuppam Gajanand Vs The Union of… — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the respondent authorities and their agents to scrupulously follow the RBI guidelines/instructions in the 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; miscellaneous petitions, if any pending, closed.

Issue for consideration

Whether the action of respondent Nos. 5-14 (banks/NBFCs) and their agents, associates and representatives in attempting to recover loan amounts from the petitioner without following RBI Circular dated 12.08.2022 (RBI/2022-23/108, DOR.ORG.REC.65121.04.188/2022-23) or any due process, coupled with the inaction of respondent No. 2 (RBI) in enforcing that Circular, is illegal, arbitrary and unconstitutional as violating Articles 14, 19 and 21 of the Constitution. +1 more

Court's answer

Finding the matter squarely covered, the Court disposed of this writ petition in terms of, and for the reasons alike, its earlier order in W.P. No. 18913 of 2024 dated 22.08.2024 (number partially legible in source), rather than adjudicating the issues afresh.

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

While recovering the loan amounts from the petitioner, the respondents 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.ratio¶¶58

Detailed headnote1 paragraphs

Telangana High Court (Nagesh Bheemapaka, J.; 02-03-2026) disposed of a writ petition under Article 226 in which the petitioner alleged that bank/NBFC respondents Nos. 5-14 (Bajaj Finance, L&T, ICICI Bank, Aditya Birla Capital, Cholamandalam, SMFG India Credit ex-Fullerton, NeoGrowth, Axis Finance, Kisetsu Saison/Credit Saison, Lendingkart) were recovering loan amounts through agents without following RBI Circular dated 12.08.2022 (RBI/2022-23/108, DOR.ORG.REC.65121.04.188/2022-23) or due process, and that RBI (respondent No. 2) had failed to enforce it, allegedly violating Articles 14, 19 and 21. Treating the issue as squarely covered by its earlier order in W.P. No. 18913 of 2024 dated 22.08.2024 (number partially legible in source), to which counsel for respondents 1, 3 and 4 had no objection, the Court passed the same order: respondents and their agents/associates/representatives were directed to scrupulously follow the RBI Circular's guidelines 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; pending miscellaneous petitions closed. Source text is heavily OCR-degraded; quotations retain artefacts verbatim.

[³¹⁸³ I

!N THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

Between:

Rakesh Anand Manjakuppam^ Gajanand, s/o. Gaj_a1qnd Manjakupparn Dharmatingam, Age 42 years, occ^'ausin&tRyb .i-s-a?,_tlilqypuii corony, south Lalaguda, secund-erabad, Hyderaoio, tetingaia, s0001 7

AND

..PETITIONER

The Union of lndia, Rep. by its secretary, Ministry of Finance, New Delhi

2- The Reserve q.a.nf .of l1dia, Rep. by its chief General Manager, 6, sansad [\rlarg, New Delhi-1 1 0001

The Deputy commissioner of police, East Zone Hyd DCp office, police C o lo n y A m b e^rp et, ? I 1^g, M oo sa ra m U'q g h Rd-, b e si O'" A n e "^{ri;-B; ;, "}

Premnagar, Opp., Amberpet, Hyderab"aO, fetingJna 5000 1 3.

The station House officer, Lalaguda police station, Lalaguda, Hyderabad.

]fe sqlaj Finance Limited, Bep. $ its chief manager, Registered office-6th F.loor, Bluaj Finsery p.or.p-o1ate'offite, off pu;;-Ah"mddn;6;i Roio, virrn Nagar, Pune - 411014, Maharashtra.'

(-L&T House) of Larsen and roubro lrjmiled, Rep.by its chief manager, Resistered office, Landr House, Barraid-Est"t,ip. b.'-B;;: ,i[Jiiixiori +oo 001,

7 ' !-ClCl Bank,.Rep. by.its Chief Manp^el,-Begistered Office-lCtCt Bank Towers, Bandra-Kuria Complex, Mumbai +Ob o'St.-s'---'^--

8fiflllf

F,4?3.T{fle!1ff^{fl ff #t,',[?[yfi 1t,Hihffg,l.J:5?1:9f,,".,?i}

Bapat Marg, Elphinstone Road, nlumtiai +00 013,

Cholamandalam lnvestment and Finance Comoanr -cr'l

its chief Managel 39giis'tereJ-omc9-cjora creg, 6bl13:"l38f?l E:{^o, Th i ru-Vi-Ka t n d"u siria i E Jtite, c, i no v, n * i, ri iliiii;; ;' btdd5t:

10.SMFG lndia credit^(formerlvfulrerton rndia), Rep. by its chief Manager, $..egistere{^{oflge-s upremaB usinesspa} ir, rroo Id s il; 6 :'H'ffi;,"Fowai, Mumbai 400076.

NeoGrowth Credit Private Limited, Bgp. byits Chief Manager, Registered office-Tintes Square, Tower E_,_g_th_Fkior, iMarolanoneri-k"u;6 Ro;d;Anorreri East, Murnbai, Maharashtra 400059

12.Axis Finatrce Limited, B9p,.by its Chief Manager, Registered Office-Axis .Ugug", Worli, Mumbai - 400^{G'ound Floor,} 025.^{Wddia-lnternational.} Cdntie,^pEnOurang -'-"e AuOnkir - fyarg,

Kisetsu S,7it_ol_flngcq (nOi{)f-rivate Limited,.(Credit Saison tndia, Rep. by its Chief [\4anager, Registered'Office-lndiQube'Lexingion Towei, riisi Flboii Tavarekete Main Rd, Tavarekere, S.G. Palya. eengaiuiu, Ximaiaka. sOOb)g.

LENDINGKART FTNANCE UMITED, 8."p. bl its Chief Manager, Registered office-4th F!oo_r,401 lconic Shyamai, Near Shyamat Croii ntios, s?eirit" Ahmedab;rd - 380015

..RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High court may oe pleased to issue Writ, Crder or Direction more particutarly one ln the nature of Writ of Mandamus, declaring the action of the respondent Nos.5 to 14 in general and their agents, associales, representatives, and their henchmen or any other person or persons working on their behalf in particular in high handediy, arbitiarily and illegally trying to recover the amounts from the petitioner by not iottowing Circular dated 12.08.2022 vide RBlt2o22-23t108, DoR.oRG.REC'.65121.04.188t2022-23 issued by respondent no.2 or any due process of law and the inaction of the respondent. no.:2 to. legitimately protect the interest of the petitioner by duly 9!191"'lg llrcular^{dated12.08.2022vide RBtt 2022-23t10b,} OR.9RG.REC. 65121-04.1581 2C22-23 as illegal, arbitrary and unconstitutional for violating Art 14, '19, and 21 of ther Constitution of lndia.

lA NO: 1 OF 202ti

Petition under Section 151 CPC praying that in the'circumstances stated in the affidavit filed in.support of the petition, ine Hign Court may be pteaseO to direct the respondent Nos.5 to 14 in general ind theircg";t., associates, representatives, and their henchmen or any other person or persons working on their behalf in particular not to take any coercive measures against the petiti6ner *ltlgrlt following due process of law and mandatorily folloriing Circular dated 12.08.2022 vide RBll 2022-231108, DOR.ORG.REC .AStZl.O4. IiA]ZOZZ-Z issued by respondent nc'.2 pending disposal of the writ petition.

Counsel for the Jretitioner: SRI B. SHASHTKANTH

counsel for the tlespondent No.1: THAKUR VIKAS stNGH

Counsel fior the Flespondent No.3 & 4: Gp FOR HOME

Counsel for the Ftespondent No.2 & 5 to 14; - - - -

The Court made the foilowing: ORDER

q f,

IN THE HIGH COURT FOR"THE STATE OF TELANGANA AT HYDERABAD

THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A

WRIT N No.4698 of 2026

ted:

Between:

Sri Rakesh Anand Manjakuppam Gajanand

Petitioner

AND

The Union of India & others

.RDER:

"ResPondents

Sri Snehith, learned counsel representing sri B. shashikanth, learned counsel for the petitioner'; sri Thakur vikas singh, learned counsel for respondent No.1 and learrred Government Pleader for Home, for respondent Nos.3 and 4.

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.1g913 of 2024, dated 22.08.2024 atnd. therefore, the same order may be passed in this writ petition as well. The operative portion of the said order reads as under:

"8. In view of the above circulars, 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

"l^,i ii :t il

2

Bank of India and also^{the judgments of the Hon'ble} Supreme Court in^{ICICI Bank Ltd Vs. Prakash} K:aur's case (1 supra)^{and ICICI Bank Vs. Shanti} D,evi Sharma's case^{(2 supra).}

g. With the above direction,^{the writ petition is} disposed of. No costs."

Learnecl counsel for^{respondentNos.1, 3 and 4 have no objection'}

Accord.ingly, in terms of^{the order passed by this Court in} W.P.No.1891li of 2024,^{dated 22.08.2024,and for the reasons alike, this} Writ^petition :is disposed^{of directing the respondentauthoritiesand their} agents to scrupulously^{follow the guidelines/instructionsissued by the} Reserve Banl< of India in^{its Circular dated L2.O8.2O22and also the} judgments ol' Honble supreme court in^{ICICI Bank Ltd. v. Prakash} Kaur'ls case and ICICI^{Bank v. Shanti Devi Sharma'2scase, while} recovering the loan amounts^{from the petitioner. No costs.}

Misceltaneous^{petitions, if any pending, sha$ stand closed.}

SD/. A.H.S. GOWRI SHANKAR REGISTRAR

l l1oot) )- Scc-+rl 2-frcos) 1^gc-c-r:]>' //TRUE COPY// SECTION OFFICER.

To,

The Secretary, Ministry of Finance, The Union of lndia, New Delhi 2. The Chief General [\4anager, The Reserve Bank of lndia, 6, Sansad Marg, New Delhi-110001

The Deputy Commissioner of Police, East Zone Hyd DCP Office, Police Colony Amberpet,2118, Moosarambagh Rd, beside Bheemas Bar, Premnagar, Opp., Amberpet, Hyderabad, Telangana 50001 3.

The Station House Officer, Lalaguda Police Station, Lalaguda, Hyderabad.

The chief manager, The Bajaj Finance Limited, Registered Office-6th Floor, Bajaj Finserv Corporate Office, Off Pune-Ahmednagar Road, Viman Nagar, Pune - 411014, Maharashtra.

(r*t-"

The chief manager, (L&T House) of Larsen and Toubro Limited, Registered Office, LandT House, Ballard Estate,P. O. Box. 278,Mumbai 400 001,

The Chief Manager, The lClCl Bank, Registered Office-lClCl Bank Towers, Bandra-Kuria Complex, Mumbai 400 051.

B. The Chief Manager, Aditya Birla Capital Ltd, Registered Office-One World Centre, Tower 1, 18th Floor, Jupiter Mill Compound, 841, Senapati Bapat fMarg, Elphinstone Road, Mumbai400 013.

The Chief Manager, Cholamandalam lnvestment and Finance Company Limited, (Chola), Registered Office-Chola Crest, C54-55 and Super B-4, ThiruVi-Ka lndustrial Estate, Guindy, Chennai, Tamil Nadu, 600032.

1I

,10.The Chief Manager, SMFG lndia Credit^(formerly Fullerton lndia), Registered Office-Supreme Business Park, Floors 5 and 6, B Wing, Powai, Mumbai

11.The Chief [Vlanager, NeoGrowth Credit Private Limited, Registered Officeil'imes^{Square, Tower E, gth Floor, Marol Andheri-KurlaRoad,AndheriEast,} lVtumbai, Maharashtra 400059.

12.The Chidf'fvlanager, Axis Finance Limited, Registered Office-Axis House, Ground Floor, Wadia lntemational. Centre, Pandurang Budhkar Marg, Worli, Mumbai - 400 025.

13.The Chief Manager, Kisetsu Saison Finance (lndia) Private Limited, (Credit Saison lndia, Registered Office-lndiQube Lexington Tower, First Floor, Tavarekere Main Rd, Tavarekere, S.G. Palya. Bengaluru, Karnataka. 560029.

14.The Chief Manager, LENDINGKART FINANCE LIMITED, Registered Office4th Floor, 4O1 lconic Shyamal, Near Shyamal Cross Roads, Satellite Ahmedabad - 380015

15.One CC to SRI B. SHASHIKANTH, Advocate [OPUC] 16.One CC to THAKUR VIKAS SINGH, Advocate IOPUC] 17.Two CCs to GP FOR HOME, High Court forthe State of Telangana [OUTI 18.Two CD Copies

fu"

TI 3

HIGH COII'RT

DATED:0',210312026

,l T {

ORDER

WP.No.4698 of 2026

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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