JUDGEMENT
R.P.SONDURBALDOTA, J. -
(1.) This is a common order on the above three Chamber Summonses seeking dismissal of the applications for execution of
Arbitral awards on the ground that the same are misconceived and
not maintainable. The applicant in the first two Chamber Summonses
and the judgment debtor in the concerned execution applications is
the Board of Control for Cricket in India ( "BCCI " for short). It has
filed applications under Section 34 of the Arbitration and Conciliation
Act ( "Arbitration Act " for short) to challenge the very arbitral awards.
The applicants in the third Chamber Summons are the judgment
debtors under the arbitral award dtd 28th January, 2015 and the
respondent thereto is the award holder.
(2.) The first Chamber Summons No.1530 of 2015 arises out of the arbitral award dtd. 22nd June, 2015 made in favour of M/s
Rendezvous Sports World ( "RSW " for short) in the sum of
Rs.1,53,34,00,000/- along with interest and costs of the arbitral
proceedings of Rs.50,00,000/-. The second Chamber Summons No.
1532 of 2015 arises out of the arbitral award of the same date i.e. 22nd June, 2015 made in favour of Kochi Cricket Private Limited ( "KCPL "
for short) in the sum of Rs.3,84,83,71,842/- along with interest and
costs of the arbitral proceedings of 72,00,000/-. The third Chamber
Summons arises out of the arbitral award dtd. 28th January, 2015 as
amended on 16th February, 2015 between Global Asia Venture
Company and Reach (Cargo Movers) Pvt. Ltd. and others.
(3.) On 16th September, 2015, the BCCI challenged both the awards by filing Arbitration Petition (L) No. 1844 of 2015 against
RSW and Arbitration Petition (L) No. 1843 of 2015 against KCPL and
sent intimations dtd. 21st September, 2015 to them of filing of the
petitions. The service of the arbitration petitions was however done
on 4th December, 2015. Reach Cargo has filed Arbitration Petition No.
1220 of 2015, which was admitted on 19th October, 2015. In the meantime i.e. on 23rd October, 2015, the Arbitration and Conciliation
(Amendment) Ordinance, 2015 (No.9 of 2015) (Arbitration Ordinance) was promulgated by the President of India. It was
published in the official Gazette on 23rd October, 2015 and came into
force from that date. On 17th December, 2015 and 23rd December,
2015, the Arbitration and Conciliation (Amendment) Bill, 2015 (Bill) was passed by the Lok Sabha and Rajya Sabha respectively. The Bill
received assent of the President of India on 31st December, 2015 and
was notified as the Arbitration and Conciliation (Amendment) Act,
2015 ( "Amending Act " for short) on 1st January, 2016.;
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