IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE rr^x I PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 285 OF 2025 Between: Damarla Venkata Naga Siva, S/o. D. Veeranjaneyulu, aged 34 years Occ Private Employee, R/o. Flat No. 401, 4th Floor, Siva Ramanivas Raavi Subbaiah Colony, Tadigadapa Donka Road, Yanamalakuduru Krishna District, A.P. ...PETITIONER AND 1. The Reserve Bank Of India, 6-1-56, Secretariat Road, Saifabad, Khairatabad, Hyderabad - 500004, Rep. by its Chief General Manager. 2. The Tata Capital Limited, Regd. Office 11th Floor, Tower-A, Penusala Business Park, Ganpatrao Kadam Marg, Tower Parel, Mumbai - 400 013. 3. The IDFC First Bank Limited, Regd. Office KRM Tower, 7th Floor, No.I Harrington Road, Chetpet, Chennai - 600 031, Tamilnadu State. 4. The HDFC Bank Ftd., Regd. Office HDFC House, H T Parekh Marg 165166, Back bay Reclamation Church Gate, Mumbai - 400 020. 5. The Hero Fin Corp Limited, Regd. Office 34, Community Centre, Basant Lok Vasant Vihar, New Delhi - 110057. I 6. The Bajaj Finance Limited, Regd. Office Bajaj Auto Limited Complex, Mumbai Pune Road, Akurdi, Pune - 411 035, Maharastra State. 7. The Axis Bank, Corporate Office Bombay Dyeing Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai - 400 025. 8. The SBI Cards and Payment Services Limited, DLF Infinity Towers, Tower-C, 12th Floor, Block-2, Bkuilding-3, DLF Cyber City, Gurgaon - 122 002, Flaryana, India. 9. The ICICI, Regd. Office ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara - 390 007, Gujarat, India. 10. The Early Salary Services Pvt. Ltd., Regd. Office Unit No. 404 The Chambers, Viman Nagar, Pune - 411 014, Maharastra. 11. The Krazybee Services Private Limited, Regd. Office 3rd Floor No. 128/9, Maruthi Sapphire, HAL Airport Road, Murugesh Palya, Bangalore - 560 017. 12. The Respo Financial Capital Pvt. Ltd., 2th Floor, Dyna Business Park, Plot No. A-57, Street No.I, MIDC, Mulgaon, Andheri East, Mumbai - 400 093, Maharastra State. ...RESPONDENTS 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 a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the respondents 2 to 12 in sending Recovery Agents to the residence of the petitioner, as well as making phone calls to the petitioner at odd hours, as illegal, arbitrary and against the Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents 2 to 12 to follow the procedure as contemplated by law to recover any loans that may be due to the respondents. r' lA NO: 1 OF 2025 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 respondents 2 to 12 to stop sending Recovery Agents to the petitioner’s residence, as well as making phone calls at odd hours, pending disposal of writ petition. Counsel for the Petltioner(s): SRI. PANDAMANENI SRINIVASA RAO Counsel for the Respondent Nos.1 to 12: NONE APPEARED The Court made the following: ORDER APHC010002622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 14? [3329] TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NI MMAGAD DA WRIT PETITION NO: 285/2025 Between: ...PETITIONER Damarla Venkata Naga Siva AND ...RESPONDENT(S) The Reserve Bank Of India and Others Counsel for the Petitioner: 1.PANDAMANENI SRINIVASA RAO Counsel for the Respondent(S): 1. The Court made the following: ii , 3 1’ ¥ THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.285 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the respondent Nos. 2 to 12 in sending Recovery Agents to the residence of the petitioner as well as making phone calls to the petitioner at odd hours as illegal, arbitrary and against the Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent Nos. 2 to 12 to follow the procedure as contemplated by law to recover any loans that may be due to the respondents and pass such other order or orders... ” 2. Heard learned counsel for petitioner. 3. The case of the petitioner in brief is that the petitioner herein availed various loans from respondent Nos. 2 to 12 and is paying EMIs regularly. Even though he is paying the EMIs to respondent Nos. 2 to 12, they are resorting recovery methods contrary to the regulations issued by the 1®' respondent i.e., Master Direction-RBI (Regulatory Framework for Microfinance Loans) Directions 2022, dated 14.03.2022. He further submits that as per the circular/ regulations dated 14.03.2022, the non-banking financial companies/ institutions cannot resort for recovery methods contrary to the guidelines for recovery of loans. He further submits that respondent Nos. 2 to 12 are initiating and harassing the petitioner St contrary to the recovery guidelines dated 14.03.2022 issued by the 1 respondent. V V J Having heard the submissions made by the learned counsel for the petitioner and on perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of, directing respondent Nos. 2 to 12 to adhere to the guidelines/ regulation 7.4 of Master Direction-RBI (Regulatory Framework for Microfinance Loans) Directions, 2022, dated 14.03.2022 issued by the 1®’ respondent. For better understanding Regulation 7.4 of Master Direction -Reserve Bank of India (Regulatory Framework for Microfinance Loans) Directions, 2022, dated 14.03.2022 is extracted hereunder: 4. 5. 7.4 Guidelines related to Recovery of Loans 7.4.1 Each RE shall put in place a mechanism for identification of the borrowers facing repayment relate d difficulties, engagement with such borrowers and providing them necessary guidance about the recourse available. 7.4.2 Recovery shall be made at a designated/ central designated place decided mutually by the borrower and the RE. However, field staff shall be allowed to make recovery at the place of residence or work of the borrower if the borrower fails to appear at the designated/ central designated place on two or more successive occasions. 7.4.3 RE or its agent shall not engage in any harsh methods towards recovery. Without limiting the general application of the foregoing, following practices shall be deemed as harsh: (i) Use of threatening or abusive language, (ii) Persistently calling the borrower and/ or calling the borrower before 9.00 a.m. and after 6.00 p.m. (Hi) harassing relatives, friends, or co-workers of the borrower, (iv) Publishing the name of borrower. % (v) Use or threat of use of violence or other similar means to harm the borrower or borrower’s family/ assets/ reputation, (vi) misleading the borrower about the extent of the debt or the consequences of non-payment. 7.4.4 Each RE shall have a dedicated mechanism for redressal of recovery related grievances. The details of this mechanism shall be provided to the borrower at the time of loan disbursal. 6. Having considered the submissions made by the learned counsel for the petitioner and on perusal of the guidelines/ regulations as extracted above, the present writ petition is disposed of, directing respondent Nos. 2 to 12 to adhere to the guideline No.7.4 of Master Direction-RBI (Regulatory Framework for Microfinance Loans) Directions, 2022, dated 14.03.2022 (referred supra), while proceeding with the recovery of money from the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, 1. The Reserve Bank Of India, 6-1-56, Secretariat Road, Saifabad, Khairatabad, Hyderabad - 500004, Rep. by its Chief General Manager. The Tata Capital Limited, Regd. Office 11th Floor, Tower-A, Penusala Business Park, Ganpatrao Kadam Marg, Tower Parel, Mumbai - 400 013. The IDFC First Bank Limited, Regd. Office KRM Tower, 7th Floor, No.I Harrington Road, Chetpet, Chennai - 600 031, Tamilnadu State. The HDFC Bank Ltd., Regd. Office HDFC House, H T Parekh Marg, 165166, Back bay Reclamation Church Gate, Mumbai - 400 020. The Hero Fin Corp Limited, Regd. Office 34, Community Centre, Basant Lok Vasant Vihar, New Delhi - 110057. 2. 3. 4. 5. The Bajaj Finance Limited, Regd. Office Bajaj Auto Limited Complex, Mumbai Pune Road, Akurdi, Pune - 411 035, Maharastra State. The Axis Bank, Corporate Office Bombay Dyeing Mills Compound, Pandurang Budhkar Marg, Worli, Mumbai - 400 025. The SBI Cards and Payment Services Limited, DLF Infinity Towers, Tower-C, 12th Floor, Block-2, Bkuilding-3, DLF Cyber City, Gurgaon - 122 002, Flaryana, India. The ICICI, Regd. Office ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara - 390 007, Gujarat, India. The Early Salary Services Pvt. Ltd., Regd. Office Unit No. 404, The Chambers, Viman Nagar, Pune - 411 014, Maharastra. The Krazybee Services Private Limited, Regd. Office 3rd Floor, No. 128/9, Maruthi Sapphire, HAL Airport Road, Murugesh Palya, Bangalore - 560 017. The Respo Financial Capital Pvt. Ltd., 2th Floor, Dyna Business Park, Plot No. A-57, Street No.I, MIDC, Mulgaon, Andheri East, Mumbai - 400 093, Maharastra State. One CC to Sri. Pandamaneni Srinivasa Rao, Advocate [OPUC] THREE CD Copies 6. 7. »' 8. 9. 10. 11. 12. 13. 14. AL Jt HIGH COURT DATED:07/01/2025 ORDER WP.No.285 of 2025 ANDly;?^ 5 - - ^ ^ Current Section 2 “i JAN 2K'j m CO DISPOSING OF THE WP WITHOUT COSTS