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All allegations of Patent illegally or misuse of patent act by Kochi Tuskars have been rejected by the arbitration court and this judgement is upheld or favoured by the Bombay High Court. The court in its ruling said “ The Jurisdiction of this Court under Section 34 of the Arbitration Act is very limited. BCCI’s endeavour to delve into the merits of the dispute, is in teeth of the scope of the grounds contained in Section 34 of the Act. BCCI’s dissatisfaction as to the findings rendered in respect of the evidence and/or the merits cannot be a ground to assail the Award”.
In the year 2015, when the matter went to arbitration and BCCI was asked to pay Rs 550 crore the BCCI challenged the resulting award under section 34 of the Arbitration and Conciliation Act, 1996, arguing that the award suffered from “patent illegality”. The BCCI claimed that the arbitrator exceeded their jurisdiction and the award was perverse and contrary to substantive Indian law. Prominent figure in the BCCI, Rajeev Shukla told the PTI
“ We have got arbitrator Lahoti’s report. The majority of the members are of the opinion of appealing against arbitrator’s report. We are seeking legal opinion.”
In the only season which Kochi Tuskers Kerala played, out of fourteen games the Kochi team had only won six games and finished eighth in the points table out of ten teams. Established players like Mahela Jayawardene, Brad Hodge, Ravindra Jadeja and Brendon McCullum all these players have played for the Kochi franchise in their 2011 IPL season.
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