In a recent development, the high court of Bombay ruled against the BCCI in its legal battle with the now disappeared Premier Indian League (IPL) Kochi Tuskers Kerala franchise. The court rejected the challenge to the BCCI and confirmed an arbitral award of 538.29 crosses in favor of the franchise owners.
The controversy began in 2011 after the BCCI ended the franchise contract. Rendezvous Sports World first received the franchise, which was then managed by Kochi Cricket Private Limited (KCPL). The team played only one IPL season before the BCCI finished the franchise in September 2011.
The High Court of Bombay orders the BCCI to pay 538 Rupes of Rupes in Kochi Tuskers
The high court of Bombay, through judge Ri Chagla, judged that the BCCI had wrongly interrupted its agreement with the Kochi Tuskers Kerala franchise. According to the bar and the bench, the court declared that it was a breach of contract which “would not require any interference under article 34 of the arbitration law”.
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“The jurisdiction of this court under article 34 of the arbitration law is very limited.
The BCCI-KOCHI TUSKERS dispute stems from the missed banking guarantee
The dispute between BCCI and Kochi Tuskers Kerala was born from the failure of the deductible to submit a 10% banking guarantee by the deadline of March 2011. KCPL cited unresolved concerns, including the availability of the stadium and a shortened match calendar.
The BCCI continued relations with the franchise and accepted payments for months before terminating the contract and cluttering a previous banking guarantee. KCPL challenged this decision, adding that the termination was illegal and that BCCI’s continuous commitment had effectively renounced the deadline.
In 2015, an arbitrator ruled in favor of KCPL, allocating more than 384 sterling books for unjustified dismissal and ordering the BCCI to reimburse 153 beliefs in RSW with legal interests and costs. The BCCI called that the missed guarantee was a fundamental violation and that the case of arbitration of the RSW was not valid.
The High Court of Bombay maintains the Kochi Tuskers’ arbitration price
The High Court of Bombay rejected all the objections of the BCCI, concluding that the arbitrator had rightly noted that the Cricket Council had renounced the deadline for strict banking guarantee thanks to its own conduct.
He also rejected the allegations of BCCI according to which the arbitration of the RSW was not valid under the law on partnership and found no fault on the way in which the arbitration was launched. Judge Ri Chagla observed that there was no illegality or patent error in the arbitral sentence.
The court allowed KCPL and RSW to withdraw funds allocated and granted BCCI six weeks to file a appeal.
With the court’s decision against him, BCCI now has six weeks to contest the decision before a superior court. This marks an important step in the long -standing dispute between the Board of Directors and the Kochi Tuskers Kerala franchise.
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