\ APHC010749372013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32514 OF 2013 Between: Dasari James Henry, S/o. Rajaratnam, Aged about 49 years, R/o. H.No.5-1- 141, Santhoshapuram, Dirusumarru village, Bhimavaram Mandal, West Godavari Dist. ...Petitioner AND 1. IDBI Bank Limited, rep. by its Chairman & Managing Director, Regd. Office at IDBI Tower, WTO 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. ...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 or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent Bank in proposing to pubii^ 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/2013-14/568, dt.12-9-2013 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. lA NO: 1 OF 2013(WPMP 40441 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ 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 Ref.No.lDBI/PSG/7501/Recall/2013-14/568, dt. 12-09-2013, pending disposal of the Writ Petition. the pursuant to letter Counsel for the Petitioner: SRI V. RAMANJANEYULU FOR SRI E. V. V. S. RAVI KUMAR Counsel for the Respondents: NONE APPEARED The Court made the following order: % APHC010749372013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 32514/2013 Between: 1.DASARI JAMES HENRY, WEST GODAVARI DIST, S/0. RAJARATNAM, AGED ABOUT 49 YEARS, R/0 H.NO.5-1-141, SANTHOSHAPURAM, DIRUSUMARRU VILLAGE, BHIMAVARAM MAN DAL, WEST GODAVARI DIST. ...PETITIONER AND 1.CHAIRMAN MD MUMBAI ANOTHER, 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 to 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.NoriB’BI/ PSG/7501/ Recall/2013-14/568, dt.12-9-2013 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 lA NO: 1 OF 2013(WPMP 40441 OF 2013 i 'I. 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.IDBI/PSG/7501/Recall/201 3-14/568 dt. 12-09-2013, pending disposal of the Writ Petition Counsel for the Petitioner: 1.E VVS RAVI KUMAR Counsel for the Respondent(S): 1. The Court made the following: ORDER The above writ petition is filed to declare the action of in taking steps for publishing the petitioner's name, photograph and other personal respondent-bank details in leading Ref.No.lDBI/PSG/7501/Recaii/2013-14/568, dated 12.09.2013 arbitrary. newspapers. pursuant to letter as illegal and 2. When the matter was taken up for consideration, Sri V.Ramanjaneyulu, learned counsel representing Sri E.V.V.S.Ravi Kumar, learned counsel for the petitioner would submit that the issue involved in this writ petition is squarely covered by the order passed by the Coordinate Bench W.P.No.32610 of 2013 dated 09.09.2024. of this Court in 4. In view of the same, the Writ Petition is disposed of in terms of the order in W.P.No.32610 of 2013 dated 09.09.2024. No costs. ..^.Registry is directed to annex the copy of order in W.P.No.32610 of 2013 dated 09.09.2024 to this order. As a sequel, pending miscellaneous petitions, if any, shall stand closed.. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Chairman & Managing Director, IDBI Bank Limited, Regd. Office IDBI Tower, WTC Complex, Cuffe Parade, Mumbai - 400 005. at 2. The Authorized signatory, IDBI Bank Limited, 5-9-89/1 & 2, II Floor, Chapel Road, Hyderabad. 3. One CC to Sri E. V. V. S. Ravi Kumar/Sri V. Ramanjaneyulu, Advocate [OPUC] 4. Two CD Copies (Along with copy of the order dated.09.09.2024 in W.P. No.32610 of 2013 enclosed herewith)* Cnr ”V«‘. HIGH COURT DATED:26/06/2025 ORDER WP NO. 32514 OF 2013 DISPOSING OF THE W.P. WITHOUT COSTS APHC010356902013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 32610/2013 Between: Kota Jayapal, S/o Joseph, ...PETITIONER AND !dbi Bank Limited Rep By Its and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.E VVS RAVI KUMAR Counsel for the Respondent(S): 1.PARDHA SARADHI KATAMANENI The Court made the following: ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, to declare the action of the respondents in taking steps for publication of petitioner’s photographs, names and personal details in newspapers or magazines as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Respondent -Bank. The brief facts of the case are that, the petitioner herein obtained loan from the respondent bank and failed to repay the same, by which the petitioner had committed default in payment. Then the respondent bank issued letters, stating that upon failure to pay the liability amount, the photographs and other details of the petitioner would be published in the newspaper as per the provisions of Recovery of Debts due to Bank and Financial Institutions Act, 1993 and Rules made thereunder and also under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules made thereunder. 3. name 4. Tne apprehension of the petitioner is that the respondent-bank is making arrangements for publication of photos and the details showing him defaulter, contrary to the law. The Respondent Bank was provided different methods of recovery but not permitted to recourse to publication as contemplated. In the event of such publication showing petitioner’s details, his reputation in the society will be badly affected, therefore, the present writ petition is filed. as 5. It is further stated that W.P.No.6849 of 2014 has been filed and interim directions were granted by this Court on 10.03.2014 directing the respondent- bank not to publish any photographs of the petitioners. The petitioner sought similar relief in this writ petition also. 6. In the present writ petition, this Court vide order dated 14.11.2013 granted interim direction, directing the Respondents not to publish the photographs of the petitioner in the newspapers, while giving liberty to the respondents to take action in accordance with the provisions of Recovery of Debts due to Bank and Financial Institutions Act, 1993 and Rules made thereunder and also under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and Rules made thereunder and/or other applicable laws. has / f The above interim order granted by this Court would this writ petition and no further orders are required. However, it is mads dear that the respondent-bank is at liberty to take appropriate steps under SARFAESI Act, for recovery of the outstanding amount from the petitioner and the respondent-bank is directed not to publish the photographs of the borrowers and guarantors in the news papers and also his details as it is violative of fundamental right of privacy guaranteed under Article 21 of the Constitution of India, except following due process of law. 7. serve purpose in 8. With the above observation, this writ petition is disposed of. No costs. 9- --As a sequel, miscellaneous petitions if any, pending in this writ petition stand closed. VENKATESWARLU NIMMAGADDA.J 9*'^ September, 2024 Knr