Peruri Vijaya Kumar vs Prakash Kaur'S Case And Icici Bank Vs. ...
2024 Latest Caselaw 8643 AP

Andhra Pradesh High Court - Amravati

Peruri Vijaya Kumar vs Prakash Kaur'S Case And Icici Bank Vs. ... on 19 September, 2024

APHC010404212024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                   [3329]
                          (Special Original Jurisdiction)

           THURSDAY ,THE NINETEENTH DAY OF SEPTEMBER
                TWO THOUSAND AND TWENTY FOUR

                                PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 20603/2024

Between:

Peruri Vijaya Kumar                                      ...PETITIONER

                                 AND

Union Of India and Others                            ...RESPONDENT(S)

Counsel for the Petitioner:

1. KOTA KRISHNA DEEPTHI

Counsel for the Respondent(S):

1.

The Court made the following:

I.A.No.1 of 2024

This application is filed for the following relief:

"to direct the respondent Nos.3 to 6 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.REG.65/21.04.158/2022-23 issued by respondent No.2."

Heard learned counsel for the petitioner. 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.

WRIT PETITION NO: 20603/2024

Learned counsel for the petitioner is permitted to takeout personal notice to respondent Nos.2 to 8 through registered post with acknowledgement due and file proof of service in the Registry.

List the matter after three(3) weeks.

_________________________________ VENKATESWARLU NIMMAGADDA, J

19.09.2024 Note: C.C. by tomorrow B/o.TPS