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Thursday, December 16, 2010

HC allows Kings XI to stay in IPL

Kings XI Punjab has won again. In its second legal victory against the Board of Control for Cricket in India (BCCI) within a week, an appeal bench of the Bombay high court paved the way for the Mohali IPL franchisee owned by actor Preity Zinta, Ness Wadia, Mohit Burman and Karan Paul to participate in the forthcoming Indian Premier League (IPL) seasons.

The setback to the BCCI came when a bench of Justices D Y Chandrachud and Anoop Mohta rejected the board's appeal against the stay granted by a single judge on the termination of the Kings XI franchise agreement.

The bench found the BCCI action "wholly arbitrary" and said the termination notice was "anything but fair". The BCCI, it is learnt, is likely to go in appeal before the Supreme Court against the ruling.

Justice Chandrachud on Wednesday confirmed the order passed by Justice Shiavax Vazifdar and said it was perfect on seven counts.

The judges said "it was abundantly clear that there was no basis for the notice" issued by the BCCI to Kings XI on October 10, 2010 on the grounds that the franchisee had committed "irremedial breach" of the contract by changing the company, shareholding pattern and control after winning the bid and signing the agreement.

Kings XI had challenged the termination notice and sought the appointment of an arbitrator. But soon after retired judge B N Srikrishna was jointly appointed sole arbitrator last month by Kings and BCCI, the board objected to him continuing, later resulting in justice Srikrishna recusing himself from the arbitration proceedings.

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