Indian Cricket Board suffered another set back on Wednesday when a division bench of the Bombay High Court upheld the order of its single bench,Justice S F Vazifdar,to stay the termination of Indian Premier League franchise King8217;s XI Punjab by the BCCI.
The two-member Division Bench of Justice D Y Chandrachud and Justice Anoop Mohata today ruled that the entire basis of the letter of termination issued by the BCCI to the Mohali franchise was 8220;erroneous and flawed8221;.
8220;It is abundantly clear that BCCI wanted to terminate the contract on the basis of what was factually incorrect. Termination was anything but fair and was wholly arbitrary,8221; observed the Court.
The order means the Mohali franchise can take part in the BCCI8217;s players auction to be held on January 8 and 9.
The Division Bench cited seven circumstances which supported the decision of the single bench.
8220;The members of the consortium had exercised control of franchise,8221; the Division Bench observed.
8220;Neither Dabur nor Windy Investments had exercised 100 per cent control of franchise and all these companies belonged to Mohit Burman. There was no change in share pattern,8221; the division bench said.
The division bench also rejected BCCI8217;s argument that under the franchisee agreement King8217;s XI Punjab can8217;t seek injunction from any court and have to go for arbitration,saying,8221;this will not apply here8221;.
Franchise owners Preity Zinta,Ness Wadia and Mohit Burman,who were present,rejoiced over the verdict.