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This is an archive article published on December 15, 2010

HC upholds stay on King8217;s XI termination

The divisional bench of the Bombay HC upheld the order of the single bench that had stayed the termination of the IPL franchise by the BCCI.

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.

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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.

 

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