Andhra Pradesh High Court - Amravati
B Chandra Kumar vs Union Of India on 25 October, 2024
lN THE HIGH COURT OF ANDHRA PRADESH AT AM
FRIDAY, THE TWENTY FIFTH DAY OF OCTOB
TWO THOUSAND AND, TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
IANo.1 OF2O24
lN
WP NO: 24274 OF 2024
Between:
B Chandra Kumar, S/o BalaraJ'u, Aged about 36 years, Hindu, Occ. Govt
Employee, Residing at E-42, VIA/ Reddy Nagar, RTPP, KallamaIIa,
Yerraguntla, YSR Kadapa Dist.
...Petitioner(s)
(Petitioner in WP 24274 OF 2024
on the file of High Court)
AND
1. Union Of India, Rep by its Secretary Ministry of F'lnance, Department of
Expenditure Room-No74-B, New Delhi -110001 (India).
2. The Reserve Bank of India, , Rep by its Executive Director 2nd floor,
Central Office Building, Bharat Singh Marg, Mumbai.
3. HDFC Bank LtdH Represented by its Manager, Office at 1/725,1st floor,
opp. Manasa in dwaraka, R.S Road, NagarajuPalli, Kadapa-516001.
4. Aditya Birla Finance Ltd., Represented by its Manager, OffiICe at 2nd
Floor, above HDFC Bank, MareddyAnandareddy Towers, R.S Road,
Kadapa 516001.
5. Bajaj Finance LtdH Represented by Ltd Manager, Office at No 42/235-
1, Ground Floor, Bhagyanagar Colony, Kadapa, YSR Kadapa dist-
516001
6. TATA Capital Financial Services LtdH Represented by Its manager,
office at No 19/47, 2nd Floor, KR Complex, Madras Road, Kadapa,
`YSR Kadapa dist-516001
7. Hero Fincorp Ltd., Represented by its Manager, Office at A-44, 2nd
Floor, Mohan Cooperative Industrial estate, Mathura Road, New Delhi-
110044.
8. Paytm Payments Bank., Represented by its Manager, Office at no
136,1st Floor, Devika tower Nehru place, New Delhi-110044.
9. L AND T Finance LtdH Represented by Its Manager, Office at No 1-
1626 1st Floor, DNR Laxmi Plaza, YerramukkapaIIe, Kadapa, YSR
Kadapa Dist-516001.
...Respondent(s)
(Respondents in-do-)
Counsel for the Petitioner : Sri MEDARA SIVA PRASAD
Counsel for the Respondent No.1 : Deputy Solicitor General of India
Counsel for the Respondent Mos. 2 to 9 : ---
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the respondent no.3 to 9 not to take any coercive measures
against the petitioner without following due process of law and mandatorily
following Circular dated 12.08.2022 vide RBI/2022 23/108,DOR ORG REC
65/21 04 1 58/20222 issued by respondent no 2 pending disposal of
WP No.24274 of 2024, on the file of the HI-gh Court.
The court while directing issue of notice to the Respondents herein to
show cause as to why this application should not be complied with, made the
following order.(The receipt of this order wl'll be deemed to be the receipt of
notice in the case).
ORDER:
This application is filed for the following relief:
"to direct the respondent Nos.3 to 9 not to take any
coercive measures against the petitioner without
following due process of law and mandatorily
following circular dated 12.08.2022 vide RBI/2022-
23/708, DOE.ORG.BEG.65/27.04. 758/2022-23 ,'sst,ed
by respondent No.2."
Heard learned counsel for the petitioneri
Learned counsel for the petitioner relied upon the order passed by
the High Court for the State of Telangana at Hyderabad in W.P.No.9788
of 2024, wherein it is held as follows:
"For the aforesaid reasons and as the procedure
adopted by the respondents for recovery of
amount due from the petitioner, amounts to
violation of the rights guaranteed under Articles
14 and 21 of the Constitution of India, this Court
deems it appropriate to direct the respondents,
to ensure that the agents engaged by the
Banks/Financial Institutions for recovery of the
overdue amount, shall strictly follow the
guidelines and instructions issued by the
Reserve Bank of India and also the judgments of
the Hon'ble Supreme Court -In ICICI Bank Ltd. vs.
Prakash Kaur's case and ICICI Bank vs. Shanti
Devi Sharma's case."
considering the submissions made by the learned counsel for the
petitioner, there shall be an interim direction directing the respondents
not to take any coercive steps against the petitioner, till the next date of
hearing. "
//TRUE COPY//
To,
1. The Secretary Ministry of Finance, Department of Expenditure Room-
No74-B, New Delhi -110001 (India).
2. The Executive Director, Reserve Bank of India, 2nd floor, Central Office
Building, Bharat Singh Marg, Mumbai.
3. The Manager, HDFC Bank Ltd, Office at 1/725,1st floor, Opp. Manasa
in dwaraka, R.S Road, NagarajuPaIIi, Kadapa-516001.
4. The Manager, Aditya Birla Finance Ltd, Office at 2nd FIoor, above
HDFC Bank, MareddyAnandareddy Towers, R.S Road, Kadapa
516001.
5. The Manager, Bajaj Finance Ltdu Office at No 42/235- 1, Ground Floor,
Bhagyanagar Colony, Kadapa, YSR Kadapa dist-516001
6. The manager, TATA Capital Financial Services Ltdu , Office at No
19/47, 2nd Floor, KR Complex, Madras Road, Kadapa, YSR Kadapa
dist-516001
7. The manager, Hero Fincorp Ltdl Office at A-44, 2nd Floor, Mohan
Cooperative Industrial estate, Mathura Road, New Delhi-ll OO44.
8. The manager, Paytm Payments Bank., Office at no 136,1st FIoor,
Devika tower Nehru place, New Delhi-110044.
9. The manager, L AND T Finance LtdH Office at No 1-1626 1st FIoor,
DNR Laxmi plaza, Yerramukkapalle, Kadapa, YSR Kadapa Dist-
516001. .(No's 1 to 9 By RPAD)
10. One CC to SRI. MEDARA SIVA PRASAD Advocate [OPUC]
ll. One CC to Deputy Solicitor General of India, High Court of
Andhra Pradesh [OPUC]
12. One spare copy
I-
HIGH COURT
NV,J
DATED:25/10/2024
LIST THE MATTER AFTER THREE(3) WEEKS
ORDER
DIRECTION
i.
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