Setback for Hyderabad Cricket Association, relief for Visaka Industries
This Order was in response to the petition filed by the HCA before the High Court under Section 37 of the Arbitration act. The same was dismissed by the Division Bench of the High Court and the Award was in favour of the Visaka Industries.
Hyderabad: The Telangana High Court issued an order on Wednesday in the case between Hyderabad Cricket Association and the Visaka Industries Ltd., stating that given the current position of law and the bona fides of Visaka’s claim against HCA, the Court doesn’t find any reason to mark a departure from the Award or the impugned order dated 19.07.2024 .
This Order was in response to the petition filed by the HCA before the High Court under Section 37 of the Arbitration act. The same was dismissed by the Division Bench of the High Court and the Award was in favour of the Visaka Industries.
“We accordingly hold that HCA has failed to make out any grounds for interference in the impugned order passed by the Commercial Court on 19.07.2024 or the Arbitral Award dated 15.03.2016. It is also worthwhile to mention that HCA has blown hot and cold even in the present Appeal in terms of pursuing the application for interim stay of the Arbitral Award (after nine years) and hearing of the main Appeal,” the Court said.
“The HCA was never inclined to provide statutory security for stay of the Award but tested its luck at all levels only to get an unfair and short-lived edge over Visaka. In short, HCA exposed its unsportsman-like colours and whatever game it may have played, it was certainly not cricket in the fairest sense of the term,” the honourable Justice said.
“Hence, COMCA.No.32 of 2024, along with I.A.No.1 of 2025, is dismissed. All other connected Applications are disposed of. Interim orders, if any, shall stand vacated,” the order said.
It may be mentioned here that the HCA and Visaka entered into an Agreement dated 16.10.2004 for in-stadia advertisement rights for construction of an International Cricket Stadium at Uppal Kancha, Hyderabad, to conduct domestic and international cricket matches, training and other programmes for the development and popularisation of the game of cricket. The Recitals to the Agreement state, inter alia, that Visaka (referred to as ‘the Company’ in the Agreement) paid Rs.6.50 Crores to HCA for the exclusive vesting of the irrevocable right to name the Stadium as ‘Visaka International Cricket Stadium’ in the Company/Visaka and for the advertisement, publicity and display rights granted by HCA to Visaka.
