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BCCI loses Rs 538 crore arbitration case to defunct IPL team Kochi Tuskers
BCCI loses Rs 538 crore arbitration case to defunct IPL team Kochi Tuskers

India Today

time2 days ago

  • Business
  • India Today

BCCI loses Rs 538 crore arbitration case to defunct IPL team Kochi Tuskers

The Bombay High Court on Tuesday dismissed two petitions filed by the Board of Control for Cricket in India (BCCI), challenging arbitration awards that directed it to pay over Rs 538 crore to the now-defunct IPL franchise Kochi Tuskers judgment comes as a major setback for the cricket board, which has been contesting the award for nearly a RI Chagla, while pronouncing the verdict, said there was no patent illegality in the 2015 arbitration order that warranted interference from the High Court. However, the court granted BCCI two more weeks to appeal against the ruling. The court noted that the awards had been under conditional stay for several years and extended the time to allow the Kochi Tuskers to initiate recovery of the awarded case dates back to disputes arising from franchise agreements that Kochi Cricket Private Limited (KCPL) and Rendezvous Sports World (RSW) had entered into with the BCCI. RSW had won the bid for the Kochi IPL franchise in 2010, submitting a bank guarantee of Rs 153.34 an interim franchise agreement was signed in April 2010, it was later transferred to KCPL in November that year following the creation of the joint began after KCPL allegedly failed to deliver the requisite bank guarantee by March 2011. BCCI subsequently terminated the franchise agreements with KCPL and RSW on September 19, 2011. In response, the Kochi franchise owners invoked arbitration in June 2015, the arbitrator directed BCCI to pay KCPL Rs 385.5 crore along with 18 percent annual interest. In RSW's case, BCCI was ordered to pay Rs 153.34 crore with similar interest terms, beginning from the date of the alleged wrongful termination of the represented by senior advocate Rafiq Dada, argued that the arbitrator had overlooked key clauses related to deadlines for submission of guarantees and changes to contract terms. However, the High Court said the arbitrator had correctly interpreted the evidence and contractual terms.'The conclusion of the arbitrator that BCCI had wrongfully invoked the bank guarantee, amounting to a repudiatory breach, calls for no interference,' Justice Chagla court held that the arbitration findings were well reasoned and that the challenge raised by the BCCI lacked Watch

HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai
HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai

Time of India

time13-06-2025

  • Business
  • Time of India

HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai

MUMBAI : The Bombay high court has dismissed appeals filed by the Leela Group against eviction proceedings initiated by the Airports Authority of India (AAI) over its Mumbai plots leased out for building a hotel. The court observed that the lease period expired long ago, and eviction was not an issue amenable to arbitration under the lease agreement between AAI and Leela. Justice Somasekhar Sundaresan dismissed the Leela Group's appeals and imposed costs of Rs 10 lakh to be paid in four weeks to AAI. The judge cited Leela's "prolonged enjoyment" of the expired leasehold land and his "assessment of the lack of reasonableness in some of the contentions raised on behalf of Leela" as reasons to impose the costs. In 1983, AAI leased two plots, together measuring 18,000 square feet, to Hotel Leela Venture Ltd (Leela Group) to construct a hotel and flight kitchen, with the lease expiring in July 2012. Another lease for an AAI-owned plot of 11,000 square metres to construct a hotel wing expired on March 31, 2024. The plots were deemed public premises under the Public Premises Eviction Act. AAI initiated eviction proceedings in 2017 for the two plots. However, on a request by senior counsel Rafiq Dada for the Leela Group, the high court, which had directed the eviction officer to begin eviction on merits swiftly, day-to-day, stayed the start of the process by four weeks. The Leela Group, represented by Dada with advocate Vivek Menon, argued that the matter must be decided only by an arbitrator as private lands were amalgamated into the 18,000 square feet and could never thus be 'public premises'. The AAI, represented by former AG Ashutosh Kumbhakoni, argued that under the agreement, eviction and rental dues were excluded from arbitration, and also since the plots were 'public premises'. The Leela Group "continued to enjoy the usage of the premises on expired lease rental terms and despite the expiry of the very lease periods" on the basis of a statement that no precipitate steps would be taken pending proceedings, said Justice Sundaresan. The high court noted that Leela is itself not keen to retain the 11,000 square metres land and offered to return it. HLV Ltd, formerly known as Hotel Leela Venture Ltd, petitioned the high court this year against the AAI. The core issue raised was whether disputes over eviction under the lease deeds governing two plots leased by AAI would fall within the scope of arbitration agreements. The disputes, the high court noted, led to an "intricate and strategic web of filings of various proceedings" by Leela across tribunals and courts. The high court noted that the parties explicitly agreed to the land leased to Leela as being public premises. Hence, one need not look beyond the contract to determine if eviction is excluded from the scope of arbitration. The Leela Group is at liberty to proceed with arbitration on any facet of the lease except eviction from the leased land. The high court appointed former Madras high court Chief Justice S V Gangapurwala as the sole arbitrator for all issues barring eviction.

HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai
HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai

Time of India

time13-06-2025

  • Business
  • Time of India

HC dismisses Leela Group appeals against AAI eviction proceedings in Mumbai

Mumbai: The Bombay high court has dismissed appeals filed by the Leela Group against eviction proceedings initiated by the Airports Authority of India (AAI) over its Mumbai plots leased out for building a hotel. The court observed that the lease period expired long ago, and eviction was not an issue amenable to arbitration under the lease agreement between AAI and Leela. Justice Somasekhar Sundaresan dismissed the Leela Group's appeals and imposed costs of Rs 10 lakh to be paid in four weeks to AAI. The judge cited Leela's "prolonged enjoyment" of the expired leasehold land and his "assessment of the lack of reasonableness in some of the contentions raised on behalf of Leela" as reasons to impose the costs. In 1983, AAI leased two plots, together measuring 18,000 square feet, to Hotel Leela Venture Ltd (Leela Group) to construct a hotel and flight kitchen, with the lease expiring in July 2012. Another lease for an AAI-owned plot of 11,000 square metres to construct a hotel wing expired on March 31, 2024. The plots were deemed public premises under the Public Premises Eviction Act. AAI initiated eviction proceedings in 2017 for the two plots. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Top 5 Wealth Management Firms in The United States SmartAsset Learn More Undo However, on a request by senior counsel Rafiq Dada for the Leela Group, the high court, which had directed the eviction officer to begin eviction on merits swiftly, day-to-day, stayed the start of the process by four weeks. The Leela Group, represented by Dada with advocate Vivek Menon, argued that the matter must be decided only by an arbitrator as private lands were amalgamated into the 18,000 square feet and could never thus be 'public premises'. The AAI, represented by former AG Ashutosh Kumbhakoni, argued that under the agreement, eviction and rental dues were excluded from arbitration, and also since the plots were 'public premises'. The Leela Group "continued to enjoy the usage of the premises on expired lease rental terms and despite the expiry of the very lease periods" on the basis of a statement that no precipitate steps would be taken pending proceedings, said Justice Sundaresan. The high court noted that Leela is itself not keen to retain the 11,000 square metres land and offered to return it. HLV Ltd, formerly known as Hotel Leela Venture Ltd, petitioned the high court this year against the AAI. The core issue raised was whether disputes over eviction under the lease deeds governing two plots leased by AAI would fall within the scope of arbitration agreements. The disputes, the high court noted, led to an "intricate and strategic web of filings of various proceedings" by Leela across tribunals and courts. The high court noted that the parties explicitly agreed to the land leased to Leela as being public premises. Hence, one need not look beyond the contract to determine if eviction is excluded from the scope of arbitration. The Leela Group is at liberty to proceed with arbitration on any facet of the lease except eviction from the leased land. The high court appointed former Madras high court Chief Justice S V Gangapurwala as the sole arbitrator for all issues barring eviction. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .

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