K. Sreedhar Rao, J.

1. The petitioner is a company registered under the Companies Act, 1956 with the head office in Kolkata and the regional office at Guwahati and branch offices in various parts of the state of Assam. The company which owns several hotels all over the country floated a scheme Holiday Membership Plan (HMP) calling for monthly investments up to 3 to 5 years under different categories styled as standard, silver, gold, platinum and diamond from different categories of persons - middle to aristo - and on completion of the subscription for the period of contract offered the facility of free stay in its hotels for a period between 3 and 4 days with extra payment for food and other entertainments. The terms of the scheme also declare that after completion of the subscribed period if for any reason the subscriber is unable to avail the benefit of stay in hotels the amounts subscribed would be refunded with an agreed rate of interest as per the agreement. In the writ petition the total number of subscription to the scheme is not stated. However, it is stated