Rudrakshalamatam Dilip Kumar, v. Union of India,
Court: High Court for State of Telangana
Bench: NAGESH BHEEMAPAKA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-12-08. Rudrakshalamatam Dilip Kumar, v. Union of India,. Read the judgment and case details on LawSphereX.
Judgment text
[ 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, '10001 Sansad Marg, New Delhi 1 . - 3. HDFC Bank Limited, Rep by its Chief Manager, No 1/10/60/3, Suryodaya, Begumpet, Hyderabad, Telangana 500016. 4. INDUSIND Bank Limited, Rep by its Chief Manager 'l-248, Upper Ground Floor, Miyapur Cross Roads, Bollaram, Telangana 500052.
5. 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. 6. 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. 7. lclcl Bank, Rep. by its Chief Manager, lClCl Bank Towers, Financial Dist, Plot No 12 Nanakramguda, Gachibowli, Hyderabad, Telangana 500032. 8. BOBCARD LIMITED, Rep by its Chief Manager 2nd to 4th Floor, Baroda House, S V Road, Jogeshwari West, Mumbai, Maharashtra, 4O01O2. 9. 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. 11. RBL Bank, Rep. by its Chief Manager Shop no 5-4110 arr, 5-411 1 Ground floor, Chanda Nagar, Hyderabad, Telangana 500050. 12. 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. - . rd 14. DBS Bank lndia Limited, Rep. by its Chief Manager, Grou 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 high-handed 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 ... fI rspondents ORDER: 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. 2. Despite servlce of notice, none appea_red for remalnlng rg respondents. counsel 3.
When the matter is taken up for hearing' learned in this Wrii Petition that the issue raised for petitioner submitted passed by this Court in by the order is squarely covered and therefore' the same 2024, dated22'08'2024 W. P. No. 18913 of petition as well' The operative passed in this writ order may be 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 by thai tfte agents engaged . 'ltT,,fo' ". ,. r. " shall strictly follow loan amounts, ;;;";.. y of the by the and instructions issued ,fr. " *,-,'ia. fi""s judgments tndia and also the il""ir;;;;k of -of ii-r. fr. "frf" Suprerne Court in ICICI Bank Ltd Vs' ii. t. "i Kaur's case (1 supra) and ICICI BankVs' itranti Devi Sharma's case (2 supra)' g. With the above direction' the writ petition is disposed of. No costs " 14 7 12, 13 and for respondent Nos'1' 4 l,earned counsel have no objection' 5.
Accordingly, in terms of the order passed by this Court tn and for the reasons W. P. No. 189 13 of 2024, d'ated' 22'08'2024' of directing the respondent petition is disposed alike, this writ follow the to scrupuiously their agents authorities and Bank of India in lts issued by the Reserve guidelines/ instructions Circular dated 12. 08. 2022 atd also the judgmer ts of Hon'ble Supreme Court in ICICI Bank prakash Ltd. v. 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. , / Scc 71'l 't(20o71 2 2(2008) 7 Scc 532 f BAI'f;iYh,=#i3,? '^"J //TRUE COPY// i \\'. _ . sECTtoN oFFlcER I relhi To N I lndia, Ministry of Financ 1. The Secretary' Union of REil , 6, Sansad Marg' I Manager, Reserve Bank of ln 2. The Chief Genera '10001 . New Delhi 1 - iuryodaya' No'ti10/60/3' Manager, HD FC Bank Limited, 3.
The Chief ana 500016 derabad, Telang Beg umpet,Hy tJP:er Ground Floor' Limited, 1-248, Manag er, IND USIND Bank 4. The Chief ana 500052 Roads, Bollaram, Telang Miya pur Cross NH 65, Floor, ShoP t\(. 11,77, r, YES BANK, Ground 5. The Chief Manage Na1y rr, HYderabad' ColonY, Jawahar Colony, Chanda Gouth ami Nagar . i[Efxgf1fii,Si;_'"',5:at:f li,";i;'T"'ii[]?!?? *;'. , i:J,1il[",'l','. "fl :,' rrg:*,r**fl"g? imu,i,fl'#t*;q*i*'ii,ffi " KUKATPALLY co-r,llplex' Mission Quarters, Limited, T. B. Rc ad, Tndian Bank 1o. The Chief Manager, sot ;;. il#*u*'*++qatu,{Fl'ii}i''$1if i. i;,ffi ** Lexington Tower, Flrst -rNeE:-6ir:1e"r,"-? :,fiil::y"f,"$ii'&- ,,.? i:€l*l*ti3:? iei3ff:fi i ,il# 5:H::::: ffi ; ffi ri']xf, 1ilt;fl$ffi1ffifrffi I]l 16. One CC to SRI N. BHUJANGA RAo, DEPUry SoLICIToR GENERAL oF Advocate . _ [. lDl4, [OPUC] 17. One CC to Ms. K. RAMYA. Advocate (opl tcl '! 9. 9n" CC to Ms. ANAND MASNA, Ao-rb"rti76puo 'I 9. one CC to Ms. R. NAVAN E ETHA, nOro-"-itJ topuZl 20.
Two CD Copies SA LS W I I \ HIGH COURT DATED:0811212025 I THE S Ta o \) 2I . tnru Zflt l-. ') . ) ORDER WP. No. 33850 of 2025 DISPOSING OF THE W. P WITHOUT COSTS. p \ aq
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