BOARD OF CONTROL FOR CRICKET IN INDIA Vs WORLD SPORTS GROUP(I) P.LTD.
Bench: R.V. RAVEENDRAN,A.K. PATNAIK, , ,
Case number: C.A. No.-003486-003486 / 2011
Diary number: 7044 / 2011
Advocates: RADHA RANGASWAMY Vs
E. C. AGRAWALA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3486 OF 2011 [Arising out of SLP(C) No.6483/2011]
Board of Control for Cricket in India … Appellant
Vs.
World Sports Group (I) P.Ltd. … Respondent
O R D E R
Leave granted.
2. An agreement dated 25.3.2009 was executed between
the appellant - Board of Control for Cricket in India
('BCCI' for short) and the respondent in regard to Media
Rights for rest of the World (that is World wide Rights
except India) for telecasting the IPL (the Indian Premier
League) Cricket Matches for the period 15.3.2009 to
31.12.2012 and 1.1.2013 to 31.1.2017. By letter dated
28.6.2010, the BCCI rescinded the said agreement dated
25.3.2009 attributing fraud and misrepresentation to the
respondent.
3. Aggrieved by the termination, the respondent filed a
petition under Section 9 of the Arbitration and
Conciliation Act, 1996 ('AC Act' for short) before the
Bombay High Court seeking a direction to restrain BCCI from
creating any third party rights in regard to any of the
rights conferred upon the respondent under the agreement
dated 25.3.2009. The said application was dismissed by
learned a single Judge on 20.12.2010. Feeling aggrieved,
the respondent filed an appeal before the Division Bench of
the High Court. The High Court allowed the said appeal by
the impugned order dated 23.2.2011 with the following
directions:
“26. Considering the aforesaid aspect in our view, till
the Arbitrator is appointed, the respondent is
restrained from giving the contract in question to
anyone. During the pendency of this appeal, a
statement was made by the respondent that they will not
create any third party interest. The said protection,
in our view, is required to be continued for a limited
period. However, the interim protection as aforesaid
shall continue, provided the petitioner takes
appropriate steps within a period of one month for the
purpose of appointing the Arbitrator. If such
proceedings are initiated within one month, such
interim protection shall continue to operate till one
week afte the decision is taken by the concerned court
for appointment of Arbitrator. In case the application
under Section 11 of the Act is rejected, this interim
protection shall automatically cease to operate.
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However, in case, Arbitrator is appointed, the parties
may apply to the Arbitrator, within two weeks of such
appointment for interim relief and till then the
interim relief will continue to operate. If any such
application is preferred, the Arbitrator is free to
decide the said application, after hearing both sides
on its own merits. It is for the Arbitrator to decide
whether interim protection which is continued is
required to be continued or the prayer for interim
protection is required to be rejected or whether any
additional interim protection is required to be
granted. All these aspects are left to the Arbitrator
who shall decide the same in accordance with law, after
hearing both the sides and the observations made in
this order shall have no effect as the said application
is required to be decided de novo on its own merits.
The above observations are made only in connection with
Section 9 Application and the same will have no bearing
in case any application under Section 11 of the Act is
preferred by the petitioner.
The said order is challenged by BCCI in this appeal by
special leave. On 3.3.2011, while issuing notice, this
court granted interim stay of the judgment of the division
bench of the High Court, subject to the condition that BCCI
will continue to be bound by its undertaking (given to the
High Court) that it will honour all contracts (sub-licence
agreements) entered into by the respondent.
4. On 8.3.2011, BCCI invited tenders for grant of
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global internet and mobile rights (alongwith certain
television rights) with reference to broadcasting IPL
matches for the four seasons from the year 2011 to 2014.
On an application by the Respondent seeking an interim
direction to the BCCI not to proceed or process or act upon
its tender notice dated 8.3.2011 in so far as it related to
the rights that had been exclusively granted to the
respondent, this court, after hearing the parties, on
18.3.2011, issued the following interim directions:
(1) In regard to the contracts (sub-Licence
Agreements) already entered by the respondent with
third parties, BCCI will be entitled to secure copies
of the respective agreements and receive all payments
due under the sub-licence agreement and remit the
same to an Escrow Account with a nationalised Bank.
(2) BCCI will be entitled to proceed with the
awarding of Media Rights referred to in the tender
notice dated 8.3.2011, subject to the condition that
all amounts/deposits/consideration/licence fee
received shall also be remitted to the said Escrow
Account.
(3) The bids received in response to the tender
notice dated 8.3.2011 shall be opened, and decision
in regard to award of contract taken, in the
presence of Court appointed Observer - Mr. Justice
Mukul Mudgal (Retired Chief Justice of Punjab &
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Haryana High Court). BCCI shall make appropriate
arrangement for his travel and stay in that behalf.
(4) Out of the amounts remitted to the Escrow
Account, BCCI will be entitled to draw every year,
the licence fee that it would have received from the
respondent under the Agreement dated 25.3.2009, if
the said agreement had not been terminated. The
remaining amount shall be kept in fixed deposit for a
term of one year. The Said amount shall be dealt
with as per the final order of this Court. BCCI shall
file a confirmation from the Bank that the amount
will be dealt with as per the final order of this
Court.
5. In pursuance of the said order, we are informed that
the bids were considered and in the presence of the
Observer appointed by this Court, the contract was awarded
to M/s. Times Internet Ltd.
6. When the matter came up today, both parties
submitted that as the said directions broadly covered the
interests of parties, this matter could be disposed of in
terms of the said interim arrangements made on 18.3.2011
with appropriate modifications.
7. In view of the above, this appeal is disposed of
with the following directions:
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(a) BCCI shall be entitled to award any of the unawarded
sub-licence media rights (to which respondent was entitled
under the agreement dated 25.3.2009), by following the
standard tender procedures. BCCI will be entitled to take
all decisions, and do all acts, that could have been taken
or done by the respondent under the agreement dated
25.3.2009, if it had been operational.
(b) All amounts/deposits/licence fees received by BCCI
as consideration in respect of sub-licence agreements
entered by the respondent, or by the BCCI after the
termination, shall be remitted to an Escrow Account with a
Nationalized Bank.
(c) Out of the amounts so remitted to the Escrow
Account, BCCI shall be entitled to draw every year, an
amount equivalent to the licence fee it would have received
from the respondent under the agreement dated 25.3.2009 (if
the said agreement had not been terminated), without
prejudice to its rights and contentions.
(d) The net annual income (that is the difference
between the total of amounts remitted to the Escrow Account
every year less the amount equivalent to the licence fee
that is drawn by BCCI in terms of agreement dated
25.3.2009) shall be kept in a fixed deposit for a term of
one year. Such fixed deposits shall be renewed yearly till
the final adjudication of the disputes between the
respondent and the appellant by a competent court or
arbitral tribunal (if the remedy of arbitration is
available or agreed) as the case may be.
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(e) BCCI shall file yearly accounts (after furnishing a
copy thereof to the respondent) in regard to the amounts
received, the amount remitted to the Escrow Account,
amounts drawn by BCCI (equivalent to the licence fee under
the agreement dated 25.3.2009) and the net amount invested
in fixed deposits.
(f) In regard to the amounts to be received and
accounted for by BCCI as aforesaid, the BCCI shall be
deemed to be a Receiver appointed by this Court. Such
deemed Receivership will end automatically, on final
decision by the Court/Tribunal before which the disputes
are raised, or on 31.1.2017, whichever is earlier.
8. Nothing contained in the impugned order of the High
Court or this order shall be construed as expression of any
opinion on the merits of the dispute. The Court or the
arbitral Tribunal, adjudicating upon the disputes between
the parties, will do so purely on merits on the basis of
the material placed before it, uninfluenced by any
observation made in any of the orders till now.
9. The Observer of this Court shall be paid a fees of
Rs.1,00,000/- (Rupees one lac only) by each party apart
from meeting his expenses.
10. Parties to bear their respective costs.
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....................J. ( R.V. RAVEENDRAN )
New Delhi; ....................J. April 21, 2011. ( A.K. PATNAIK )
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