HUGHES ESCORTS COMMUNICATION LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is engaged in establishing/maintaining/operating a Closed User Group Domestic 64 KBPS Data Network via satellite using VSAT systems throughout India. In August, 1999 the respondent constituted an Inspection Team to verify the records of VSATs of the petitioner and the inspection was done jointly with petitioner on 16.03.2000. Based on reconciliation of figures, the petitioner had to pay Rs.1.59 crores to respondent as on 15.04.2000. But respondent issued show cause notice claiming charges retrospectively for 702 under-reported VSATs and proposing levy of License Fee from 17.02.1995, which the petitioner disputed and represented against the same. THEreafter, respondents constituted a Committee to examine the representations of aggrieved operators and the Committee submitted its report, which report the petitioner alleges, has not been supplied to it. Based on the report, further Demand for Rs.11.69 crore was proposed, which the petitioner protested vide letter dated 25.09.2001. Respondent, based on representations, reduced the claim to Rs.11.25 crores and further to Rs.10.33 crores, which amount the petitioner paid under protest and represented again to the Committee. Committee again submitted report on January, 2002. Based on the report, the respondent rejected the representations of the petitioner. Aggrieved by the above, by way of this Petition the petitioner seeks to set aside letters dated 22.02.2002 and 30.05.2002 issued by respondent, DoT and direction to the respondent to provide details of claims levied and demand accounts of various amounts received from petitioner as also direction to the respondents to modify its Demand Note dated 24.05.2001 under the Migration Package and refund all the excess amount.

(2.) The dispute which basically pertains to pre-migration period hovers around identifying the exact number of VSATs which were according to the respondent under-reported and according to the petitioner the same were not activated at all. The matter was part-heard twice, but was adjourned time and again and now long over due. We heard the matter in detail once again on 2nd March 2006. We were however, unable to identify from the pleadings and even arguments the exact number of VSATs which were allegedly reported by the petitioner.

(3.) TO arrive at the final solution and to pin-point the number of VSATs which were actually under-reported, we, with the concurrence of the learned Counsel for both the parties, have today decided to appoint a Commissioner for the same. We have identified and requested Dr.N. Vijayaditya, Director General, National Informatics Centre, MC&IT, A-Block, CGO Complex, Lodhi Road, New Delhi - 110 003 for this purpose. The Commissioner will be assisted by the nominees of the petitioner and respondent who are as under: