- (1.) RAJEEV Gupta, C. J. Sri Navneet Kaushik, Advocate for the appellant. Sri Ashish Joshi, Brief Holder for re spondents 1 and 2. None for respondent no. 3. They are heard on admission.
(2.) APPELLANT Anand Prakash has filed this Special Appeal against the im pugned judgment dated 23-11- 2007 passed in Writ Petition No. 2352 (M/s) of 2007. Appellant Anand Prakash had filed the writ petition for the following reliefs : "1. Issue a writ, rule, order or direc tion in the nature of Certiorari quashing the impugned recovery notice dated 1-11-07 (Annexure-2) passed by respondent no. 2. II. To issue a writ order or direction fixing easy installments for pay ing the balance loan amount. III. Issue any other order or direc tion, which this Hon'ble Court may deem fit and proper under the circumstances of the case. IV. Award cost of the petition in fa vour of the petitioner. " The petitioner, in substance, was seeking quashing of the recovery notice dated 01-11-2007, whereby the sum of Rs. 8,83,315/- plus expenses were sought to be recovered from the petitioner. In addition, the petitioner was also seeking a writ of mandamus directing the re spondents to fix easy instalments for re payment of the loan amount, which was sought to be recovered by the Bank.
(3.) THE learned Single Judge, in view of the admitted facts of taking of the loan of Rs. 9. 00. 000/- from the respondent Bank and the default in pay ing the instalments, declined to exercise the discretionary jurisdiction under Arti cle 226 of the Constitution of India. Consequently, the writ petition was dis missed vide impugned judgment dated 23-11-2007. Sri Navneet Kaushik, the learned counsel for the appellant, could not dis pute the fact of taking of the loan of Rs. 9,00,000/- by the appellant from the respondent Bank and so also, the fact of default in paying the instalments to wards the loan amount.;