IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 33703 of 2025

05^thDecember, 2025 Between:

Mohammed Yakub Pasha … Petitioner AND

1. Union of India, and Others … Respondents

ORDER:

The case of the petitioner, precisely as per the writ affidavit, is that he availed loans and credit facilities from respondents No.3 to 5 (who are Banks, and financial institutions), and he has been promptly repaying by borrowing from others, and he did not make the last few payments to the respondents No.3 to 5; and the petitioner is in difficult situation in meeting the expenses. While so, it is the grievance of the petitioner that the representatives/agents of respondents No.3 to 5are continuously calling, and intruding into the house of the petitioner and threatening him to repay the loans, and that the procedure adopted by the respondents No.3 to 5 is not as per the RBI Guidelines for recovery of loans, and therefore the petitioner seeks a direction to the respondents No.3 to 5 to follow due process of law for recovery of loans.

2. Counter affidavit has been filed byrespondent No.4-Shriram Finance, essentially contending that the petitioner has availed loans/credit facility and has defaulted in monthly repayments, and that the respondent is scrupulously adhering to the RBI Circular dated 12.08.2022 for recovery of loans, and the allegations of harassment, intimidation, coercive recovery, or any unlawful conduct by the Bank staff agents is categorically denied.

3. Heard Mr. M. Keshav Yadav, learned counsel for the petitioner, and learned Standing Counsel for respondent No.2-RBI. Perused the record.

4. At the hearing, learned counsel for the petitioner submits that this Court in W.P.No.5200 of 2024, dated 25.04.2024, by referring to the law laid down by the Hon’ble Supreme Court in ICICI Bank Ltd. vs. Prakash Kaur, 1(2007) 2 SCC 711 , and ICICI Bank vs. Shanti Devi Sharma, 2(2008) 7 SCC 532 directed the banks and financial institutions to strictly follow the RBI guidelines for recovery of loans, and therefore the respondents No.3 to 5 may be directed to follow the guidelines and not to trespass into petitioner’s house or not to harass him.

5. Learned Standing Counsel for RBI submits that all the Banks and financial institutions are duty bound to follow the guidelines stipulated in the Circular dated 12.08.2022 while attempting to recover the loans, and the Banks/financial institutions cannot deviate from those guidelines.

6. Having considered the respective submissions and perused the record, it is to be noted that this Court in W.P.No.5200 of 2024, dated 25.04.2024, directed as follows:

“8. For the aforesaid reasons and as the procedure adopted by the respondent Nos.4 to 7 for recovery of loan amount from the petitioner, amounts to violation of the right guaranteed under Articles 14 and 21 of the Constitution of India, this Court deems it appropriate to direct the respondents, to ensure that the agent engaged by them for recovery of the loan amounts, 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 (1 supra) and ICICI Bank vs. Shanti Devi Sharma’s case (2 supra)”

7. Accordingly, in terms of the Order dated 25.04.2024 in W.P.No.5200 of 2024, and for reasons alike, the writ petition is disposed of. No costs.

Miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE NAGESH BHEEMAPAKA

05^nd December, 2025 ksm THE HON’ BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 33703 of 2025

05^nd December, 2025 ksm