2004 (2) TMI 699

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....ect of which the impugned recovery has been issued. The only prayer of the learned counsel for the petitioner is that the Court should fix instalments. In our opinion under Article 226 of the Constitution the High Court has no power to fix instalments. 3. Fixing instalments is really rescheduling of the loan, which can only be done by the Bank or Financial Institution which granted the loan. A ....

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....* *] every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including (writs in the nature of habeas corpus, mandamus, prohibition, qua warran to and certiorari, or any of them, for the enforcement of any o....

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....ticle 226 is that a writ can be issued to the persons to whom and, for the purpose for which, writs were traditionally issued by the British Court on well established principles, vide Election Commissioner v. Saka Venkat (1953) SCR 1144 : (AIR 1953 SC 210), Basappa v. Nagappa, AIR 1954 SC 440, etc. One of the well established principles, on which the British Court issued writs was that a writ of c....

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....ghat Education Centre, 2003 All LJ 587, General Manager, Modipan Fibre Co. v. Narendra Pal Gahlot, 2003 All LJ 980, G. Basi Reddy v. International Crops Research Institute, 2003 (2) All WC 1199 (SC) : (AIR 2003 SC 1764), Federal Bank Ltd. v. Sagar Thomas (2003) 3 UPLBEC 2728 : (AIR 2003 SC 4325), Anil Kumar Agarwal v. U. P. Stock Exchange, 2004 (1) AWC 280 : (2004 All LJ 365) etc. 8. We have el....