The Bombay High Court has upheld the arbitration order to pay Rs 538 crore to the Indian Premier League (IPL) franchise Kochi Tuskers Kerala, which has been shocked to the Board of Control for Cricket in India (BCCI). The court has dismissed the BCCI trial challenging the decision of mediation in the IPL franchise dispute that has been going on for more than a decade. Despite many efforts, BCCI officials were not available to comment on the matter.
BCCI abolished the Kochi franchise after a session in 2011, accusing the team of violating the contract after failing to submit a bank guarantee on time, which was necessary under the agreement. Due to differences between the owners, the franchise was unable to pay the BCCI.
The case went for mediation and in 2015 the arbitration court ordered a payment of Rs 538 crore to BCCI – Rs 384 crore to KCP and Rs 153 crore to Randezavas Sport (owner of Kochi franchise).
The BCCI was unhappy with the order of the arbitration court and decided to challenge the decision of the tribunal in the High Court. On Wednesday, the court upheld the intermediary’s decision.
Bombay High Court said in its decision, "The jurisdiction of this court is very limited under Section 34 of the Arbitration Act. The BCCI’s effort to investigate the properties of the dispute is contrary to the scope of the grounds contained in Section 34 of the Act. The BCCI’s dissatisfaction with the conclusions given in relation to evidence and/or virtue-defects cannot be the basis for challenging the decision."
In 2010, the franchise purchased for Rs 1,550 crore missed its annual payment, after which the Board of Control for Cricket in India (BCCI) ended their contract in 2011. The franchise won the case against the BCCI and the court ordered the board to pay Rs 550 crore. Kochi Tuskers Kerala participated in a session of IPL in 2011 and finished eighth in 10 teams.
ASH/Aksha
