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High Courts(1997) 12 AHC CK 0074

M.K.Ceramics Industries and Anr. vs Zila Udyog Kendra through its Chairman,Dist.Bulandshahr and Ors.

Allahabad High Court · Decided on 5 December 1997

HON’BLE JUDGES
M.Katju, J and R.K.Singh, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 40787 of 1997
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Judgment

4 paragraphs · 176 words

M. Katja and R. K. Singh, JJ.—Heard learned Counsels for the petitioner.

2.

The petitioner took a loan in respect of which the impugned recovery has been issued. The only prayer of the learned Counsel for the petitioner is that this Court should fix instalments for the repayment of the loan.

3.

In our opinion, under Article 226 of the Constitution of India, the High Court has no power to fix instalments in respect of a recovery unless the respondents agrees. A writ under Article 226 of the Constitution lies when there is an error of law and not for fixing instalments. Fixing instalments really amounts to rescheduling of the loan, which can only be done by the Bank or other authority which granted the loan.

4.

Hence, this petition is dismissed with liberty to the respondents to consider the petitioner''s prayer for fixing instalments. It is made clear that it is the discretion of the respondent No. 1 to fix instalments or not and we can not direct the resposdent No. 1 to fix instalments.