APHC010280162013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32608/2013 Between: 1. KANDIBOINA VENKATESWARLU,, S/O BALARAMA MURTHY, AGED ABOUT 47 YEARS, R/O D.NO.5-89/1, MAIN ROAD, ANAKODERU, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. IDBI BANK LIMITED, REP. BY ITS CHAIRMAN & MANAGING DIRECTOR, REGD. OFFICE AT IDBI TOWER, WTC COMPLEX, CUFFE PARADE, MUMBAI - 400 005. 2. IDBI BANK LIMITED, REP. BY ITS AUTHORIZED SIGNATORY, 5-9- 89/1& 2, II FLOOR, CHAPEL ROAD, HYDERABAD. ...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 toto issue a writ or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Bank in proposing to publish the name, photograph and also giving other personal details of the petitioner in the leading newspapers/magazines pursuant to the letter Ref.No. IDBI/ PSG/7501/Recall/2013-14/557, dt. 11-09-2013 as illegal, arbitrary, capricious, contrary to the Reserve Bank of India Guidelines and Article 21 of the Constitution of India and consequently desist the respondents from publishing the name and photographs and also other personal details in the leading news papers/Magazines and pass. Page 2 of 5 SRS,J W.P.No.32608 of 2013 IA NO: 1 OF 2013(WPMP 40550 OF 2013 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 to direct the respondent Bank not to publish the name, photograph and also giving other personal details of the petitioner in leading newspapers/magazines pursuant to the letter Ref.No. lDBI/PSG/7501/Recall/2013-141557, dt. 11-09-2013, pending disposal of the Writ Petition and pass. Counsel for the Petitioner: 1. E V V S RAVI KUMAR Counsel for the Respondent(S): 1. The Court made the following order: Heard Sri V. Ramananjeyulu, learned counsel representing Sri E V V S Ravi Kumar, learned counsel for the petitioner. 2. The above writ petition is filed to declare the action of the respondents’ bank in proposing to publish the name, photograph and other personal details of the petitioner in leading newspapers/magazines in pursuance of the letter reference No.IDBI/PSG/7501/Recall/2013-14/557, dated 11.09.2013, issued by respondent No.2, as illegal and arbitrary. 3. The writ petition was admitted on 14.11.2023, and an interim order was passed in W.P.M.P.No.40550 of 2013, directing the respondents not to publish the petitioner’s photographs in the newspapers. 4. The petitioner availed financial assistance from the respondent bank in 2011 under the Kisan Credit Card scheme and did business in fish culture. Since the petitioner sustained a loss, he could not repay the loan. The respondents issued a letter dated 11.09.2013 calling upon the petitioner to pay the loan amount of Rs.95,52,640/- within fifteen days from the said date. Thereafter, the petitioner requested the respondents that he would pay the SRS,J W.P.No.32608 of 2013 amount as per the loan agreement. However, the respondents, without considering the request and giving any opportunity, are taking steps to recover the amount under SARFAESI Act and are proposing to publish the petitioner’s photographs and other particulars in the newspapers. Hence, the writ petition. 5. It is not out of place to mention here that the Reserve Bank of India issued Circular No. DBR.CID.BC.No.17 / 20.16.003 / 2016 - 17 dated 29.09.2016 addressed to all the scheduled commercial banks and financial institutions, referring to the Master Circular on Wilful Defaulters dated 01.07.2015 issued by it, set out instructions regarding publishing photographs of defaulters/guarantors, in newspapers, which read thus: i. A lending institution can consider publication of the photographs of only those borrowers, including proprietors/partners/directors/ guarantors of borrower firms/companies, who have been declared as willful defaulters following the mechanism set out in the RBI instructions referred to above. This shall not apply to the non- whole time directors who are exempted from being considered as willful defaulters unless the special conditions, in accordance with these instructions, are satisfied. ii. The lending institutions shall formulate a policy with the approval of their Board of Directors which clearly sets out the criteria based on which the decision to publish the photographs of a person covered in paragraph (i) above will be taken by them so that the approach is neither discriminatory nor inconsistent. The lending institutions shall not publish photographs of any other defaulting borrowers. 6. In light of the aforementioned instructions of the Reserve Bank of India, the secured creditors under the SARFAESI Act will not resort to publishing photographs of borrowers as defined in the Act, unless they have been declared as willful defaulters in terms of the Master Circular dated 01.07.2015. Page 4 of 5 SRS,J W.P.No.32608 of 2013 7. Given the Circular No. DBR.CID.BC.No.17 / 20.16.003 / 2016 - 17 dated 29.09.2016 issued by Reserve Bank of India, this writ petition is disposed of directing the respondents to adhere to the guidelines set out by the Reserve Bank of India, in the aforementioned Circular dated 29.09.2016. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 10.07.2025 IKN SRS,J W.P.No.32608 of 2013 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32608 of 2013 Date: 10.07.2025 IKN