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1996 Supreme(Online)(Kar) 3

KARNATAKA HIGH COURT
A. J. Sadasniva, J.
Pepsico Restaurants International (India) Pvt. Ltd. New Delhi and Another v. Corporation of the City of Bangalore and Others


1. The notice dated August 31, 1995, (Annexure - C), and the Memo / Order dated September 12, 1995, (Annexure - H), issued by the third respondent in No. Ho. PR. 86/95-96 cancelling the licence granted to the first petitioner to run restaurant, are sought to be quashed by the petitioners in this petition. They have further sought for a writ to strike down S.443 (4) and 444(2) of the Karnataka Municipal Corporations Act, 1976 (for short 'the Act') as being ultra wires and unconstitutional.

2. The first petitioner is a company incorporated under the Companies Act having its principal place of business at New Delhi. The second petitioner is the Director - Finance of the first petitioner - company having authority to sue and to be sued in the name of the company. The petitioners state that the first petitioner is part of an international chain of restaurants which is carrying on business at No. 4, Brigade Road Bangalore, from June 1, 1995 in pursuance of the licence issued by the second respondent as per Annexure - A. The petitioners state that the principal company also carry on business in different parts of the world in the name and style 'KFC' or 'KENTUCKY FRIED CHICKEN'. They serv





























































































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