INDIGO RADIO PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed the present writ petition seeking writ of certiorari for quashing condition No. 3 in the letter of intent dated 2.8.2000. In addition directions are sought for refund of the earnest money deposited as well as the advance licence fee of Rs. 75,00,000.00 alongwith interest @ 24% p.a.

(2.) The petitioner had earlier filed civil writ petition bearing No. 6791 /2000 wherein the following reliefs were sought:

(3.) The aforesaid writ petition was disposed of vide order dated 18.12.2000 based on the understanding arrived at and as recorded in the order. The respondent had offered clarification on various issues vide its letter on 29/11/2000 to M/s. Hind Broadcasting Company Limited. These clarifications related to the question of an assignability of licence, take over of assests, black listing and forfeiture clauses. It was agreed that the clarification given by the respondent/UOI in the case of M/s. Hind Broadcasting Company shall also apply to the case of petitioner. The petitioner accepted this position and prayed for extension of time for submission of Bank Guarantee. The time for furnishing of Bank Guarantee was extended as recorded in the order dated 18/12/2000. The petitioner was also required to pay a sum of Rs. 10,00,000.00 (rupees ten lacs only) on account of the delay and various factors such as saving of interest and margin money etc.