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In recent development, the Mumbai Supreme Court has ruled against the BCCI in its legal battle with the Indian Premier League Franchise (IPL), which is now the Kochi Tuskers Korala franchise. The court dismissed the BCCI challenge and confirmed an arbitration award of € 538.29 in favor of the owners of franchises.
The controversy began in 2011 after the BCCI ended the franchise contract. Rendezvous Sports World was initially awarded 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 Mumbai, through justice Ri Chagla, ruled that the BCCI had mistakenly terminated its agreement with the Kochi Tuskers Korala franchise. According to Bar and Bank, the court stated that this was a contract that “would not request an 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 effort to deepen the merits of the dispute is in the teeth of the reach of the reasons contained in Section 34 of the Law. BCCI.
The dispute between BCCI and Kochi Tuskers Kerala arose from the failure of the franchise to submit a bank guarantee of 10% until March 2011. KCPL quoted unresolved concerns, including the availability of the stadium and a scourge of shortened coincidences.
BCCI continued the deal with the franchise and accepted the payments for months before terminating the contract and obtaining a previous bank guarantee. KCPL challenged this movement, adding that the termination was illegal and that the continuous commitment of BCCI had effectively resigned from the deadline.
In 2015, a referee ruled in favor of KCPL, granting more than € 384 for illicit completion and ordered BCCI to reimburse 153 ₹ Crore to RSW with legal interest and expenses. BCCI appealed that the lost guarantee was a fundamental breach and that the CSW arbitral case was invalid.
The High Court of Mumbai dismissed all BCCI objections, and concluded that the referee had rightly found that the Cricket Council resigned from the strict bank guarantee date through its own conduct.
He also rejected BCCI claims that RSW’s arbitration was not valid under the collaboration law and did not find any fault in how arbitration began. Judge Ri Chagla observed that there was no illegality or error in the arbitral concession.
The court allowed KCPL and RSW to withdraw the awarded funds and granted BCCI six weeks to file an appeal.
With the court’s decision, BCCI has now has six weeks to challenge the ruling in a senior court. This marks an important milestone in the long -term dispute between the Council and the Kochi Tuskers Kerala franchise.
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