APHC010383742013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29321 OF 2013 Between: 1. Ch.Rama Krishna,, S/o Occ: R/o D.No.5-127 Chinakapavaram Village Akividu Mandal, West Godavari District. 2. D.Gopi Prasad,, aged about 30 years R/o D.No.S-127, Peda Kapavaram Village Akividu Mandal, West Godavari District. 3. Devireddy Naresh,, aged about 21 years R/o D.No.1-95-5, Chinakapavaram Village Akividu Mandal, West Godavari District. 4. G.Koteswara Rao., Aged about 38 years R/o D.No.6-139-2, Mudinepalli Village Mudinepalli Mandal Krishna District. 5. K.Krishna Chari, aged about 30 years R/o D.No.19-40/21. Santhi Nagar Akividu Village, Akividu Mandal West Godavari District. 6. K.Villiam Keri,, aged about 30 years R/o D.No.5-78, Ramayya Gudem Village Chinakapavaram Village, Akividu Mandal, W.Godavari District. 7. Kopparthi Yesu,, aged about 25 years R/o D.No.1-19, Gummuluru Village Akividu Mandal, W.Godavari District. 8. Sana Siva Kumar,, aged about 20 years R/o D.No.I-152, Papilla Peta Gummuluru Village, Akividu Mandal, W.Godavari District. 9. S.Subrahmanyam,, aged about 21 years R/o Chinakapavaram Village Akividu Mandal, W.Godavari District 10. Smt. Thokala Chandra Kumari,, aged about 30 years, R/o D.No.5-45 Chinakapavaram Village, Akividu Mandal, W.Godavari District ...Petitioner(S) SRS,J W.P.No.29321 of 2013 AND 1. M/s IDBI Bank, 46-22-11, K.S.R. Complex Danavaipeta, Park Road Rajahmundry-53 3103 Rep.by its Branch Head cum Dy.General Manager. ...Respondent 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 or order or direction particularly in the nature of writ of mandamus declaring the action of the respondent in taking steps for publication of our photographs, names and personal details in any newspapers or magazines is wholly illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India, IA NO: 1 OF 2013(WPMP 36422 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 direct the respondents not to publish our photographs, names and personal details of the petitioners in the any newspapers or magazines Counsel for the Petitioner(S): KIRTHI TEJA KONDAVEETI Counsel for the Respondent: The Court made the following: :: ORDER :: Heard Sri K. Narasimha Rao, learned counsel representing Sri Ravi Kondaveeti, learned counsel for the petitioner. 2. 2. The above writ petition has been filed to declare the action of the respondent bank, in intending to publish the petitioners’ photographs, names and personal details in the newspapers or magazines, as illegal and arbitrary. 3. The petitioners were sanctioned a loan of Rs.63,87,000/-, and they could not repay the loan amount. The respondent issued letters bearing Nos.IDBI/PSG/FLR/2013-14/398, 401, 402, 403, 404, 405, 406, 407, 408 and SRS,J W.P.No.29321 of 2013 409 dated 03.09.2013, intimating the petitioners that their names, photographs and personal details will be published in all newspapers and magazines. 4. An interim order was passed on 09.10.2013, restraining the respondents from proceeding with the proposed publication/display of the petitioners’ photographs, names and addresses in the newspapers and other places and said interim order is in force. 5. At the hearing learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by common order dated 19.07.2017 in W.P.Nos.21851 of 2014 and batch passed by Division Bench of composite High Court, wherein the Division Bench considered the issue regarding the secured creditor to publish the photographs of the default borrowers, while initiating proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act’). 6. 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. Page 4 of 5 SRS,J W.P.No.29321 of 2013 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. 7. 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. 8. Given the above facts and circumstances of the case, this writ petition is disposed of directing the respondent 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: 02.07.2025 IKN SRS,J W.P.No.29321 of 2013 194 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.29321 of 2013 Date : 02.07.2025 IKN