The affidavit was filed on Wednesday following Nimbus's petition against Stracon in which Prasar Bharati is also a respondent. At Wednesday's hearing, the bench, however, decided to take up the case after the vacation.

The affidavit states, "...the petitioner, by instructing to stop payment, has deliberately, and with a dishonest intention to put this respondent (Prasar Bharati) to a loss of Rs 12.50 crore, has also reneged on its commitment made in its letter dated 13.5.99 where it had acknowledge its responsibility to make good the sum of Rs 12.50 crore to this respondent, and as a measure of commitment thereto and an additional and alternate measure of protection of the interest of this respondent, it had forwarded the chequein the sum of Rs 12.50 crore with a stipulation that this respondent might deposit the same in case it failed to get reconfirmation for the said referred to credits."

The petition further states that it is fraudulent and dishonest of Nimbus to suggest that it has discharged its liability as the advertisers and agencies have already confirmed the payment of Rs 12.54 crore to be treated as payment on behalf of the petitioner's account.

The advertisers and agencies mentioned in the petition include HTA on behalf of Pepsi, HTA on behalf of Hero Honda, O&M on behalf of Castrol Rodak, Hidustan Pencil and O&M on behalf on Titan Watches, which had cumulatively paid Rs 12.54 crore as advance to DD.

Further, the petition adds that it is fraudulent and dishonest on the part of the petitioner because the confirmation of the said advertisers/agencies was not equivalent to DD having received the money and due only to that, under its letter dated 13.5.99, Nimbus has provided for the provision of reconfirmations andhad further forwarded the said cheque of Rs 12.50 crore.

When contacted, Stracon managing director Siddharth Ray said that Stracon was asked to transfer the clients' advance that it had booked for DD to Nimbus. "We, however, had to take the agencies' and advertisers' permission to do so and to make the payment we were required to redeem the guarantee", he added.

Earlier, the cheque worth Rs 12.54 crore given to DD by Nimbus was dishonoured. In the meanwhile, Stracon has written to DD on Wednesday urging the latter to cancel its contract with Nimbus. Alleging fraudulent use of public money, Stracon stated that it assures that in case the contract is cancelled the advertisers would directly deal with the public broadcaster.Copies of the same letter was also sent to the secretary, union information and broadcasting ministry and chief vigilance commissioner.