HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.14889 OF 2025

ORDER:

Heard Sri Abdul Azam Khan, learned counsel appearing on behalf of the petitioner and Sri Gadi Praveen Kumar, Deputy Solicitor General of I ndia appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“….That this Hon'ble Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of mandamus declaring the action of the Respondents no.3 to 18 in sending recovery agents to the residence of the Petitioner and threatening him and his family with the dire consequences, if loans are not repaid as illegal, arbitrary and against Article 14, 19 & 21 of the Constitution of India and consequently to direct the Respondent No.3 to18 to forthwith stop sending recovery agents to the Petitioner's residence and follow procedure as contemplated by law to recovery any loans that may be due to the Respondents and pass such other Order or Orders as this Hon'ble Court deem fit and proper in the circumstance of the case...” PERUSED THE RECORD:-

3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition is as under:

It is the specific case of the petitioner that the petitioner comes from a respectable middle class family and is working in a software company earning decent salary and was leading a happy life along with his family members. The petitioner availed loans and credit card facilities from respondent Nos.3 to 19 and had been paying the due amounts promptly from time to time, petitioner along with his wife had started a clinic titled “True Charm Aesthetic clinic” (OPC) Private Limited on 04.04.2022, but incurred heavy losses and petitioner’s health also got seriously affected having been diagnosed with Hernia and Appendix in 2024 due to which petitioner became a defaulter having lost all his money. In view of the fact that entire savings of the petitioner got exhausted in repaying the loan amounts and petitioner’s monthly earnings not being sufficient enough to meet the day to day expenses of the petitioner and his family, the petitioner in spite of all his efforts was unable to pay the EMIs to the respondents from 2024 onwards.

It is further the case of the petitioner that as the EMIs were not paid, the respondent Nos.3 to 18 started harassing the petitioner to clear the entire dues in one go for which petitioner requested the respondents to provide some time to mobilize the funds, however the respondents had entrusted the task of recovery of amounts from the petitioner to the recovery agents employed by them and the said recovery agents started trespassing into the house of the petitioner and started threatening the petitioner with dire consequences, if the entire outstanding dues are not paid immediately. The recovery agents are not allowing the petitioner to live in peace and are coming to petitioner’s house at late nights and are making calls at least 100 to 150 times per day and are sending threatening messages to the petitioner and petitioner’s wife and due to the said acts of the recovery agents of the respondents herein, the petitioner and his family members are facing serious humiliation. Aggrieved by the said action of respondent Nos.3 to 18 in sending recovery agents to the residence of the petitioner and threatening the petitioner and his family with dire consequences if loans are not repaid, the petitioner approached the Court by filing the present Writ Petition.

DI SCUSSI ON AND CONCLUSI ON:-

DI SCUSSI ON:-

4. The learned Counsel appearing on behalf of the petitioner mainly puts-forth the following submissions:-

i) The practice of hiring recovery agents should not be resorted to by the Banks and the Banks should resort only to procedure recognized by law where the borrowers commit default in payment of the loan installments.

ii) The recovery of loans by the Banks and F