PayU Payments Gets Interim Relief From Delhi High Court in Visa IRF Dispute

Interim Shield for PayU: Court Stops IRF Deductions

The Delhi High Court on September 14 granted interim relief to PayU Payments Private Limited by ordering status quo on deductions from its escrow accounts in a dispute over Visa's Interchange Reimbursement Fee (IRF) claims. Justice Subramonium Prasad also referred the matter to the Reserve Bank of India (RBI) for mediation, aiming to resolve the underlying issue of incorrect Merchant Category Codes (MCCs) within 30 days.

RBI Called to Mediate Merchant Code Tangle

PayU, an RBI-authorised non-bank payment aggregator, facilitates online payments for merchants. When a customer pays via card, the transaction is routed through PayU to acquiring banks (like Yes Bank, and Defendants 3-5) via the Visa network. The acquiring banks deduct an interchange fee and remit the net amount to PayU's escrow account. The dispute arose when Defendant No. 2, an issuing bank (identified as ICICI Bank), raised IRF claims before Visa, alleging that merchants onboarded by PayU were assigned incorrect MCCs, resulting in a shortfall in interchange fees. Visa processed these claims under its private IRF Compliance Process, and Yes Bank deducted Rs 6.88 crore from PayU's settlements.

The Core Dispute: Who Assigns Merchant Category Codes?

PayU contended it had no role in assigning MCCs—that responsibility lies with acquiring banks—and challenged the legality of Visa's process, arguing it bypassed the statutory dispute mechanism under Section 24 of the Payment and Settlement Systems Act, 2007 (PSS Act). PayU argued that its only role is to forward merchant information to acquiring banks, which independently assign MCCs. It claimed Visa's private IRF process lacks statutory backing and cannot justify deductions from its regulated escrow accounts. PayU also apprehended further deductions from other acquiring banks totalling over Rs 41 crore.

Visa countered that its IRF process is based on its own rules and that it does not deal with PayU directly; any recovery by banks is a matter of bilateral agreements. The acquiring banks maintained that deductions were based on Visa's determinations.

Visa's Private Process Under Scrutiny

The court noted that both PayU and Visa operate under RBI authorisations granted under the PSS Act. Instead of compelling pre-litigation mediation under Section 12A of the Commercial Courts Act, the court found it more appropriate to involve the RBI as a mediator, given its supervisory role over the entire payment system. The court referenced the Supreme Court's decision in Patil Automation (P) Ltd. v. Rakheja Engineers (P) Ltd. , which emphasized the mandatory nature of pre-litigation mediation but also allowed courts to refer parties to mediation even after suit institution, as in Novenco Building & Industry A/S v. Xero Energy Engg. Solutions (P) Ltd.

Court's Reasoning: Leveraging RBI's Supervisory Role

The court observed: "In the opinion of this Court, since the entire regime is being operated under the certificates granted by the RBI and under the supervision of the RBI , instead of sending the parties for pre-litigation mediation process, it would be more appropriate to request the RBI to act as a mediator."

The court also clarified that the RBI would only act as a facilitator, not a dispute resolution body under Section 24, ensuring the plaintiff's appellate rights remain intact. "Though, learned Senior Counsel appearing for the Plaintiff has argued that referring the matter to RBI would deny an appeal to the Plaintiff, this Court makes it clear that the matter is being referred to RBI only as an effort to find out a solution," Justice Prasad noted.

What the Order Means for the Parties

The court ordered the RBI to depute a senior officer to attempt a resolution within 30 days. Meanwhile, it directed status quo on past IRF claims: Visa shall not issue final IRF determinations, acquiring banks shall not make deductions from PayU, and the issuing bank shall not raise further claims for MCC misclassification prior to the suit. The order applies only to transactions where incorrect MCCs are alleged and does not affect ordinary course transactions.

The matter is listed for October 27, 2026, with all rights and contentions of the parties expressly reserved.