- (1.) 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 re- payment of the loan. 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 respon dents 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 re scheduling of the loan, which can only be done by the Bank or other authority which granted the loan. Hence, this petition is dismissed with liberty to the respondents to consider the petitioner's prayer for fixing instal ments. It is made clear that it is the discre tion of the respondent No. 1 to fix instal ments or not and we can not direct the resposdent No. 1 to fix instalments. Petition dismissed. .;