PRASAR BHARATI Vs. STRACON INDIA LTD.

JUDGEMENT

(1.) These cross appeals have been filed by the respective parties, challenging the Judgment and Order dtd. 13/3/2020 passed by the learned Single Judge of this Court in O.M.P. (COMM.) 225/2017, titled Prasar Bharati v. Stracon India Ltd. & Anr. (hereinafter referred to as, the 'Impugned Order'), whereby the learned Single Judge has partly allowed the application filed by Prasar Bharati under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as, the 'A&C Act'), partly setting aside the Arbitral Award dtd. 26/12/2016 (hereinafter referred to as, the 'Award') passed by the learned Arbitrator.

(2.) As these are cross appeals, for the sake of clarity we shall refer to Prasar Bharati as the 'Appellant', and Stracon India Ltd. as the 'Respondent'. We may also note that the respondent no.2, that is, Transworld International Inc., is only a pro forma party. Brief background of facts:

(3.) The Board of Cricket Control in India (in short, 'BCCI'), vide an Agreement dtd. 25/9/1999 (hereinafter referred to as, the 'BCCI Agreement'), had granted to the appellant the broadcasting rights for the cricketing events comprising of domestic and international matches conducted by the BCCI during the term of the BCCI Agreement. Clause 2 of the BCCI Agreement specified the term of the agreement as five years, from 1/10/1999 to 30/9/2004. This Clause also specified that each cricket season/year is the period from 1st October of a year to 30th September of the next year. Clauses 3 and 12 of the BCCI Agreement provided that the BCCI would guarantee to deliver 135 days of International Cricket to the appellant, that is, a minimum of 27 days of International Cricket in each cricket season/year. Clause 12.1 of the BCCI Agreement further provided that if less than 27 days of International Cricket were provided by BCCI in any cricket season/year, the Appellant would be entitled to a pro-rata reduction in the consideration, however, this deducted amount shall be restored to the BCCI if the shortfall in providing 27 days of International Cricket in a year is made up in the next year.