LAWS(ALL)-1996-2-115

SURESH CHANDRA GUPTA Vs. BANK OF BARODA

Decided On February 15, 1996
SURESH CHANDRA GUPTA Appellant
V/S
BANK OF BARODA Respondents

JUDGEMENT

(1.) THE petitioner took a loan from the respondent-Bank in respect of which the impugned recovery notice has been issued.

(2.) AFTER hearing Sri Sanjai Misra, learned counsel for the petitioner and Sri Satish Chaturvedi, learned counsel for the respondent-Bank, we are not inclined to interfere in this matter as there is no violation of law. As regards the prayer for fixation of instalments, we are of the opinion that the High Court under Article 226 of the Constitution cannot fix instalments in respect of loan recovery matters. A writ petition lies when there is some violation of law and a writ petition does not lie merely for fixing instalments. It is the discretion of the Bank to fix instalments or not. If the petitioner is so advised, he may approach the Bank for the purpose. With these observations, the petition is dismissed. Petition dismissed. .