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2026 DAILYLAW 2411 (AP)

SMT K SIRISHA v. THE UNION OF INDIA

WP/13588/2026 · 2026-05-06

Tarlada Rajasekhar Rao

body2026

Judgment text

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APHC010250072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13588/2026 Between: 1. SMT K SIRISHA, W/O. KANDIKONDA SRINIVASA RAO, AGED ABOUT 32 YEARS, OCCUPATION BUSINESS, R/O. D.NO. SURVEY NO. 126/1, MAIN ROAD, MOARUVADA VILLAGE, TUNI MANDAL, KAKINADA DISTRICT, EAST GODAVARI, ANDHRA PRADESH - 533401. ...PETITIONER AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF FINANCE, JEEVAN DEEP BUILDING, 3RD FLOOR, PARLIAMENT STREET, NEW DELHI - 110001. 2. THE RESERVE BANK OF INDIA, REPRESENTED BY ITS GOVERNOR, SANSAD MARG, NEW DELHI - 110001. 3. TATA CAPITAL LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, 11TH FLOOR, TOWER A, PENINSULA BUSINESS PARK, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI, MAHARASHTRA - 400013. 4. IIFL FINANCE LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, IIFL HOUSE, SUN INFOTECH PARK, ROAD NO. 16V, PLOT NO. B-23, WAGLE INDUSTRIAL ESTATE, THANE, MAHARASHTRA - 400604. 5. ADITYA BIRLA CAPITAL LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, ONE WORLD CENTER, TOWER 1,18TH FLOOR, JUPITER MILL COMPOUND, 841, SENAPATI BAPAT MARG, ELPHINSTONE ROAD, MUMBAI, MAHARASHTRA - 400013. 2 6. BAJAJ FINANCE LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, 4TH FLOOR, BAJAJ FINSERV CORPORATE OFFICE, OFF PUNE-AHMEDNAGAR ROAD, VIMAN NAGAR, PUNE, MAHARASHTRA - 411014. 7. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, DARE HOUSE, 1ST FLOOR, NO.2, N.S.C. BOSE ROAD, PARRYS, CHENNAI - 600001. 8. GODREJ FINANCE LIMITED, REPRESENTED BY ITS AUTHORIZED OFFICER, GODREJ ONE, PIROJSHANAGAR, VIKHROLI EAST, MUMBAI - 400079. ...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, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No.3 to 8 in resorting to illegal methods, including frequent visits to the petitioners residence, harassment, intimidation, and coercive tactics for recovery of loan amounts from the petitioner without following due process of law as illegal, arbitrary, contrary to law, and violative of Articles 14, 19, 21 and 300A of the Constitution of India consequentially direct the Respondents No.1 and 2 to take appropriate action against the Respondents No.3 to 8 for violating the procedure established by law and the guidelines issued by the Reserve Bank of India for recovery of amounts due from the petitioner, by restraining the Respondents No.3 to 8 from resorting to any illegal methods, including house visits, harassment, intimidation, or coercive measures for recovery of amounts due from the petitioner as per the law laid down by the Hon’ble Supreme Court in ICICI Bank Ltd. vs. Prakash Kaur and ICICI Bank vs. Shanti Devi Sharma and the guidelines issued by the Reserve Bank of India dated 12.08.2022 and to pass IA NO: 1 OF 2026 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 may be pleased to direct the 3 Respondents No.1 and 2 to take appropriate action against the Respondents No.3 to 8 for violating the procedure established by law and the guidelines issued by the Reserve Bank of India for recovery of amounts due from the petitioner, by restraining the Respondents No.3 to 8 from resorting to any illegal methods, including house visits, harassment, intimidation, or coercive measures for recovery of amounts due from the petitioner as per the law laid down by the Hon'ble Supreme Court in ICICI Bank Ltd. vs. Prakash Kaur and ICICI Bank vs. Shanti Devi Sharma and the guidelines issued by the Reserve Bank of India dated 12.08.2022 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13588 of 2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No 3 to 8 in resorting to illegal methods including frequent visits to the petitioners residence harassment intimidation and coercive tactics for recovery of loan amounts from the petitioner without following due process of law as illegal arbitrary contrary to law and violative of Articles 14 19 21 and 300A of the Constitution of India consequentially direct the Respondents No 1 and 2 to take appropriate action against the Respondents No 3 to 8 for violating the procedure established by law and the guidelines issued by the Reserve Bank of India for recovery of amounts due from the petitioner by restraining the Respondents No 3 to 8 from resorting to any illegal methods including house visits harassment intimidation or coercive measures for recovery of amounts due from the petitioner as per the law laid down by the Honble Supreme Court in ICICI Bank Ltd vs Prakash Kaur and ICICI Bank vs Shanti Devi Sharma and the guidelines issued by the Reserve Bank of India dated 12.08. 2022 and to pass such other order or orders.…” 2. Heard Sri V.Sai Kumar, learned counsel for petitioner and Ms.P.Saraswati, learned counsel for respondent No.1. 3. Learned counsel for the petitioner would submit that issue in the present writ petition and the issue in W.P.No.36334 of 2025 are 5 identical. Hence, requested to pass a similar order as passed in W.P.No.36334 of 2025, dated 16.03.2026. 4. Learned counsel for respondent No.1 does not refute the said submission. 5. In view of the same, the present Writ Petition is disposed of in terms of order, dated 16.03.2026, passed in W.P.No.36334 of 2025. There shall be no order as to costs. Registry is directed to attach a copy of the order dated 16.03.2026 in Writ Petition No.36334 of 2025, to this order. As a sequel thereto, interlocutory applications pending if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 07.05.2026 GRL 6 183 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.13588 of 2026 07.05.2026 G GRRLL