ANZ GRINDLAYS BANK PLC Vs. U O I

JUDGEMENT

(1.) The petitioner has prayed for issuance of Writ quashing of notice dated 8th June, 1994 issued by the Estate Officer under section 7(3) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 for payment of arrears of rent in respect of premises situated at Ashoka Hotel, 50 B Chanakyapuri, New Delhi-110021.

(2.) The petitioner is a banking company incorporated in UK and having its registered office in India at H-2, Cannaught Circus, New Delhi. The petitioner company was into the business of issuing Visa cards for buying the goods and services on credit by entering into agreement, which governs the relationship between the petitioner and the establishment for the repayment of the money in lieu of visa card. According to the petitioner every Visa card has a floor limit and the user of the card in excess of floor limit requires authorization from the petitioner. It is contended by the petitioner that if no specific authorization of the transaction is obtained in case the card is used in excess of the floor limit then the petitioner is not liable to reimburse the shops/establishments which accepts the said visa card in terms of the agreement.

(3.) Respondent no. 2, Indian Tourism Development Corporation Limited, is a Government Company incorporated under the Companies Act and respondent No. 3, M/s Ashoka Hotel, is its constituent unit.