RAJIV SAHAI ENDLAW, J.

1. The petition (i) impugns the decision dated 26th December, 2012 of the respondent Department of Telecommunications (DoT) of the Union of India (UOI) refusing to refund the amount deposited by the petitioner no.1 Bharti Airtel Ltd. (petitioners no.2 and 3 are its shareholders and the word “petitioner” hereafter will mean Bharti Airtel Ltd. only); (ii) seeks a direction to the respondent UOI to comply with the understanding and obligations recorded in the petitioner’s letters dated 1st August, 2001, 6th November, 2012 and 10th December, 2012; (iii) seeks mandamus directing the respondent UOI to refund the sum of Rs.399.92 crores to the petitioner; (iv) seeks mandamus directing the respondent UOI to also pay interest on the said amount of Rs.399.92 crores i.e. a total sum of Rs.2495.87 crores to the petitioners with future interest till the date of refund; and, (v) alternatively seeks permission for the petitioner to adjust the amount so refundable by the respondent in the future licence fee payments due to the respondent UOI from the petitioner.

2. Notice of the petition was issued and a counter affidavit has been filed by the respondent UOI and to