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2024 DIGILAW 1349 (AP)

Ramayanam Gangayya v. IDBI Bank Limited

2024-09-23

VENKATESWARLU NIMMAGADDA

body2024
ORDER : VENKATESWARLU NIMMAGADDA, J. 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. 3. 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 name, photographs and other details of 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. 4. The apprehension of the petitioner is that the respondent-bank is making arrangements for publication of photos and the details showing him as 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. 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 05.11.2013 has 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. 7. The above interim order granted by this Court would serve purpose in this writ petition and no further orders are required. 7. The above interim order granted by this Court would serve purpose in this writ petition and no further orders are required. However, it is made clear 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. 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.