LAHORE, Jan 20: Pakistan Cricket Board (PCB), has obtained an interim injunction against CricInfo Limited that restrained the cricket website from changing its status.
This case was for Specific Performance of a contract dated Feb 5, 2002 between the parties. The application to the Civil Court in Lahore, prayed for a permanent injunction against CricInfo Ltd.,England, through its Chief Executive as follows:
Decree be passed against defendant with costs and the defendant be directed to make the balance payments to the plaintiff and issue necessary shares immediately and specifically perform his part of the agreement, and the defendant be permanently restrained from changing or altering the status of the defendant company or in any way entering in to any merger or deal with any third party/company or person whether by way of sale of part or whole of defendants assets or undertaking or any other direct or indirect way.
The PCB had entered into multi-year worldwide agreement on Feb 5, 2001, with the company. The agreement was for trading, displaying, promoting and live coverage of various information and material relating to the PCB on the Internet.
As per the agreement, the Company was to maintain an Internet Website for the PCB and income generated was to be shared between the two parties as per agreement. The Company was also bound to pay a minimum guarantee amount of $505,000 according to a schedule detailed in the agreement.
The agreement also provides on or before Aug 4, 2001 from the commencement, the company would issue unrestricted ordinary shares or common stock shares to PCB equal to an open market value of $1,000,000.
However, the company only paid $80,000 and that too in violation of the agreement and did not provide the $1,000,000 worth of shares.
According to PCB newsletter,in view of this material breach of agreement, the website was approached many times to take necessary steps to discharge their contractual obligations.
Nonetheless, after CricInfo failed to respond to PCB reminders, the PCB, on April 3, 2002, issued a legal notice to the company but the grievance was not redressed.
However, after lengthy correspondence Mr.Alex Balfour, Chairman of CricInfo, visited the PCB offices and a compromise settlement was reached through a MOU signed on Nov 4, 2002.
The purpose of the compromise was to enable CricInfo overcome financial difficulties as a consequence of Sep 11, 2001 events as well as to a give new lease of life to the relationship between the PCB and CricInfo.
Subsequently, the PCB learnt from media reports that the company was already planning transferring its assets or otherwise merging with another company called Wisden.
The PCB also learnt that the new company in the name and style of Wisden CricInfo was already registered or was in the processs of being registered for this purpose.
On Jan 3, 2003, the PCB initiated a civil suit in the courts of Pakistan as per the procedure agreed upon by both parties.
On Jan 4, 2003, the Civil Judge restrained the company from any merger or altering the status of the company until the suit was adjudicated.
The court has set Jan 29 as the date of hearing,the newsletter concluded.—APP































