KARACHI, Feb 6: Justice Sarmad Jalal Osmany of the Sindh High Court directed the Pakistan Cricket Board on Friday to open the bids invited by it for various promotional activities and events related to the forthcoming Pakistan-India series, subject to the rights already acquired by an advertising agency.

The judge first granted Advocates Nafees and Raheel Nafis Siddiqi's plea for an urgent hearing of a suit instituted by the Interflow Communications and then passed an interim order in respect of the bids due, according to the plaintiff, to be opened on Saturday.

A notice was ordered to be issued to the defendant board for Feb 10. Interflow claimed to have signed a contract with the PCB on Nov 25, 2003. According to the company, it was granted exclusive publicity rights of all the events regarding the forthcoming tour of the Indian cricket team pertaining to 'public appearances and media and non-media shows.' The investment was to be made by the company but the profit was to be shared by it and the board at 70:30 ratio.

Similarly, according to the plaintiff, it was agreed that the board would invite quotations for awarding the contract to display hoardings, banners, etc, in the stadiums, but the company would have the right to match the highest bid for such 'in-stadia publicity.' A copy of the agreement was annexed to the plaint.

The board invited bids for in-stadia events by an advertisement in the press on Jan 22. The events included live radio broadcasting, food and beverage vending, in-stadia advertising, including ground signage, overhead signage and cantilever board, marquees and hospitality boxes and promotional activities at the stadiums or elsewhere, involving members of the Pakistan team and the PCB.

The plaintiff company sought a clarification on Jan 28, asking the board whether it would be allowed the right of first refusal at the bidding and match the highest bid in accordance with the agreement and also whether the promotional events involving the Pakistan team would not interfere with their exclusive rights to promote the Indian team? The letter failed to elicit any response, though the tenders were to be opened at Gaddafi Stadium, Lahore, on Feb 7.

The plaintiff feared that its 'exclusive rights' would be interfered with at the bidding and requested the court to restrain the PCB from awarding any contract impinging on the rights granted to the company.

The judge observed in his order: "Prima facie it appears that vide agreement dated 25.11.2003, the plaintiffs were given exclusive rights to cover all the events of the forthcoming tour of the Indian cricket team pertaining to publicity/public shows and they also had the exclusive right to match the bids for in-stadia publicity. Consequently, it is ordered that such exclusive rights shall be preserved by the defendant, while opening the tenders. Before opening the tenders the plaintiffs' rights shall be made known to the bidders."

The matter would now come up for hearing on Feb 10.

PLEA DISMISSED: Justice Ghulam Rabbani of the Sindh High Court on Friday dismissed as withdrawn a bail application filed by Mohammed Ali Brohi, who is facing a corruption case before a National Accountability Court, adds APP.