WORLD TEL INC Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus against the respondents to reimburse them to the extent of Rs. 83,08,894.02 paid by them towards Customs duty with interest calculated @21% per annum from 22nd March, 1996, that is, the date of payment by the petitioner, till the date of its realisation.

(2.) . The respondent No. 2, Doordarshan is the sole Government agency for production and telecasting of television programmes in India.

(3.) . According to the petitioner, the petitioner and Doordarshan, respondent No. 2, jointly agreed for the direct telecast of the Challengers Cup Cricket Tournament which was being held in Calcutta in March, 1995. It was a four days tournament to be held from 18th March to 21st March, 1995. The telecast of the Tournament was to be a Doordarshan production by the Doordarshan staff with technical assistance provided by the petitioners. Doordarshan undertook to provide entire crew personnel for the coverage of the Tournament at no charge. The petitioner was required to provide two engineers and a director/producer and all the technical equipments including uplink for Doordarshan to use for the coverage. The petitioner agreed to produce the programme on the understanding and assurance that the respondent No. 2 would provide to the petitioner with "all necessary Government of India permits and clearances and required permission for uplink of the programme". In this regard the petitioner would advise respondent No. 2 to obtain all the permits and provide all relevant documentation. The petitioner was to provide access for the signal for transmission on respondent No. 2's network at no charge. In short this was to be a Doordarshan Production and technical assistance was to be provided by World Tel.