APHC010135632026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3207]

(Special Original Jurisdiction)

TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO: 7435/2026 Between:

1. B ELLAM BABU RAO,, S/O.RAGHAVULU, AGED ABOUT 46 YEARS, OCC GOVERNMENT TEACHER, R/O.PLOT NO.501, 5TH FLOOR, BB TOWERS, OLD SUJATHANAGAR, ONGOLE CITY, PRAKASAM DISTRICT-523002 ...PETITIONER AND

1. T HE UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS, 15, SAFDARJUNG ROAD, NEW DELHI-110011.

2. T HE RESERVE BANK OF INDIA RBI, REP.BY ITS GENERAL MANAGER (OMBUDSMEN) 6 SANSAD OF MARG, NEW DELHI-

110001.

3. T HE HDFC BANK LTD, REP. BY ITS BRANCH MANAGER, MAIN BRANCH, KURNOOL ROAD, ONGOLE, PRAKASAM DISTRICT-

523001

4. T HE ICICI BANK LTD, REP. BY ITS BRANCH MANAGER, MAIN BRANCH, OPP BAPUJI MARKET COMPLEX, ONGOLE TOWN, PRAKASAM DISTRICT-523001

5. T HE ADITYA BIRLA CAPITAL LIMITED, REP. BY ITS BRANCH MANAGER, 1ST FLOOR, ARN COMPLEX, KURNOOL ROAD, ONGOLE, PRAKASAM DISTRICT-523001

6. T HE PIRAMAL FINANCE LIMITED, REP. BY ITS BRANCH MANAGER, 1ST FLOOR, P.NO.1 AND 2, KORITAPADU, NEAR RING ROAD, CHANDRAMOULINAGAR, GUNTUR, GUNTUR DISTRICT-522002.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ or order or a direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3 to 6 in using unlawful recovery methods in violation of the judgment of Hon'ble Apex court in ICICI Bank Ltd Vs Prakash Kaur (2007) 2 SCC Page No.711 and violation of guidelines of 2nd respondent as illegal, arbitrary, violation of principles of natural justice and violative of Articles 19 and 21 of Constitution of India and consequently direct the respondents 3 to

6 to follow due process of law for any recovery against the petitioner IA NO: 1 OF 2026 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 pleased to direct the respondents 3 to 6 not to interfere into the petitioner place of residency and working place in any manner, except due process of law, pending disposal of the main writ petition Counsel for the Petitioner:

1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent(S):

1. DILIP JAYARAM S (CENTRAL GOVERNMENT COUNSEL)

The Court made the following:

THE HON’BLE SRI JUSTICE BATTU DEVANAND WRIT PETITION NO.7435 of 2026

ORDER:

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue an appropriate Writ or order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 6 in using unlawful recovery methods in violation of the judgment of Hon'ble Apex court in ICICI Bank Ltd Vs Prakash Kaur (2007) 2 SCC Page No.711 and violation of guidelines of 2nd respondent as illegal, arbitrary, violation of principles of natural justice and violative of Articles 19 and 21 of Constitution of India and consequently direct the respondents 3 to 6 to follow due process of law for any recovery against the petitioner and pass such other order…”

2. Heard learned counsel for petitioner and learned counsel for the respondents.

3. The grievance of the petitioner is that the respondents are entitled to recover loan amount in terms of the loan agreements by following the procedure established under law and they are not having any right to recover the loan amount by using force or other methods which are unknown to Law.

4. The issues raised in this Writ Petition are no longer res integra as the Hon’ble Supreme Court in ICICI Bank Ltd. vs. Prakash Kaur and others, (2007) 2 SCC 711, while dealing with the similar issues where the banks engaged the

services of recovery/collection agents to recover the loans,