Telangana High Court
M/S Swagruha Estates And 2 Others vs The Rbi Rep By Its Authorized And ... on 28 June, 2024
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
TUESDAY , THE EIGHTH DAY OF SEPTEMBER
TWO THOUSAND AND FIFTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR
WP .NO:28982 of 2015
Between:
1 M/s Swagruha Estates & Constructions Pvt. Ltd., Rep by Shri. B.
Purushotam Naidu, S/o Venkateswarulu, R/o H. No. 6-2-30/B, 2013 II
Floor,
Impress Court, Lakdikapool, Hyderabad.
2 B. Purushotham Naidu S/o Sri Venkateswaralu, Aged about 54 years,
Occ:
Business, R/o Flat No. 2-A, Plot No. 68, Challa Sri Pushpa's Doyan,
Docha
Apartments, Srinagar Colony, Hyderabad.
3 Smt. B Rajya Lakshmi, W/o B. Purushotham Naidu, Aged about 44
years,
R/o Flat No. 2-A, Plot No. 68, Challa Sri Pushpa's Doyan, Docha
Apartments, Srinagar Colony, Hyderabad.
..... Petitioners
AND
1 The Reserve Bank of India Rep by its authorized Signatory, New Delhi
2 JM Financial Asset Re-Construction Co., Pvt. Ltd. Rep by its Authorized
Officer, Corporate Office at 3"1 Floor, B wing, Suashish IT Park, Plot No.
68E, Off. Kotta Pada Road, Opp: Tata Steel, Borivali (East) Mumbai.
.....Respondents
Petition under Article 226 of the Constitution of India praying
that in the circumstances stated in the affidavit filed herein, the High Court
may be pleased to issue a Writ, Order or direction more particularly one in the
nature of Writ of Mandamus to declare the action of the Respondent Bank in
proposing to publish the names and photographs giving other personal details
of the Petitioners in the leading news papers/magazines pursuant to letter dt.
12-8-2015 is illegal, arbitrary and without any authority and Law, and Contrary
to the Guidelines of Reserve Bank of India and Art. 19 & 21 of Constitution of
India consequently direct the Respondent Bank not to publish, the name and
photograph giving other personal details of the Petitioners in leading
newspapers/magazines pursuant to letter dt. 12-082015 and pass such other
order or orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case..
The petition coming on for hearing, upon perusing the Petition
and the affidavit filed herein and upon hearing the arguments of SRI T. D.
PANI KUMAR, Advocate for the Petitioner, the Court made the following:
ORDER:
The Writ Petition came to be filed seeking issuance
of Writ of Mandamus declaring the action of the
respondent/Bank in proposing to publish the names and
photographs giving other personal details of the
petitioners in the leading news papers/magazines
pursuant to a letter dated 12.08.2015 as illegal, arbitrary
and contrary to the Guidelines of Reserve Bank of India.
The learned counsel for the petitioners states that
though the notice dated 12.08.2015 does not refer to
publishing the photograph in news papers but the
petitioners are being informed over telephone about
publishing their photographs in news papers.
Considering the judgment in K.J.Doraiswamy v.
Assistant General Manager, State Bank of India,
Erode Branch (Laws MAD)-2006-11-30/TLMAD-
2006-0-1613 and also the Judgment of Calcutta High
Court in Ujjal Kumar Das v. State Bank of India
[2013 (2) DRTC 217 (Cal)], this Court in WPMP
No.35591 of 2013 in W.P.No.28671 of 2013 directed the
respondent therein not to publish the petitioner's
photograph in the newspapers. It was also made clear
that except for publication of the photograph, it is open
to the respondent to proceed and take action in
accordance with law.
In view of the judgments referred to above, the
second respondent is directed not to publish the
petitioners' photograph in the news papers. However, it
is made clear that except for publication of the
photograph, it is always open to the second respondent
to proceed and take action in accordance with law.
Post along with W.P. No.28671 of 2013.
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1 The authorized Signatory, Reserve Bank of India New Delhi
2 The Authorized Officer, JM Financial Asset Re-Construction Co., Pvt. Ltd.
Corporate Office at 3"1 Floor, B wing, Suashish IT Park, Plot No.
68E, Off. Kotta Pada Road, Opp: Tata Steel, Borivali (East) Mumbai.
(1 & 2 by RPAD)
3. One CC to SRI T. D. PANI KUMAR, Advocate (OPUC)
4. One spare copy.
Tvr
HIGH COURT
CPKJ
ORDER
DATED: 08-09-2015
WP NO.28982 OF 2015
POST ALONG WITH WP NO.28671 OF 2013
DRAFTED: TVR
DATED: 11-09-2015
HIGH COURT
CPKJ
ORDER
DATED: 08-09-2015
WP NO.28982 OF 2015
POST ALONG WITH WP NO.28671 OF 2013
