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By this petition filed under section 9 of the Arbitration and Conciliation Act, 1996 the petitioner seeks an order and directions against the respondents to deposit all the monies which they have received from the advertisers as consideration for broadcast of advertisements on the television channels owned and operated by the respondents in relation to 2011 Cricket Series under the Media Rights License Agreement (for sake of convenience hereinafter referred to as the said MRLA) and seeks injunction against the respondent no.2 from paying over, parting with, reimbursing, adjusting or in any way transferring the said monies payable under the purported Television Rights Agreement dated 16 th September, 2010 to the respondent no.1 and seeks various other reliefs. Some of the relevant facts for the purpose of deciding this petition are as under :-

This Order is modified/corrected by Speaking to Minutes Order dated 04/09/2015 Kvm ARBP167.12FINAL

2. On 15th October, 2009, the petitioner and respondent no.1 entered into the said MRLA for broadcasting international cricket matches (Tests, ODIs and Twenty20s) for the years 2010 to 2014, Rights Period commencing from 1 st April, 2010 until 31st March, 2014. Under the said agreement, the respondent no.1 had agreed to deliver to the petitioner an irrevocable and unconditional bank guarantee for the purpose of securing its obligation to pay, the Rights Fee payable in accordance with clause 7 of the said agreement to the petitioner. The said agreement provided for payment schedule and various other rights and obligation of the parties. Clause 28 of the said agreement provides for an arbitration agreement.

8. The respondent no.1 vide its letter dated 21st November, 2011 to the petitioner apologized for delay in making full payment of the first 50% of the West Indies tour of India 2011. The respondent no.1 stated that in view of a tumultuous phase for the economy in general and the advertising industry in specific in last two months, those extra ordinary circumstances had severally impacted the business of its licensee broadcasters in India and across the world. It was also stated that the large amount of cricket being played has caused a degree of fans This Order is modified/corrected by Speaking to Minutes Order dated 04/09/2015 Kvm ARBP167.12FINAL apathy towards the game which had not help the matter unfortunately as a result thereof, there had been the extraordinary poor turnout of cricket fans for even the International ODI and Test matches. It was alleged that even in respect of T-20 format played at the cricket passionate city of Kolkata, it showed turnout of 50% in number of spectators.

13. On 13th December, 2011, the petitioner through its advocates' letter to the respondent no.1 issued a cease and desist notice to the respondent no.1 from broadcasting the feed and footage of the ongoing Ranji Trophy Match between Gujarat and Tamil Nadu on its television channel Neo Cricket or any other television channel and called upon to forthwith remove all equipment and personnel that had been stationed by the respondent no.1 at the stadium at Gujarat.