A. GOPAL REDDY, J.

1. This Civil Miscellaneous Appeal is filed under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”), against the order passed in Arbitration O.P.No.754 of 2011, dated 16.09.2011, by the Chief Judge, City Civil Court, Hyderabad, where under the petition filed by the respondent/petitioner therein for grant of interim injunction restraining the appellant/respondent therein from acting in any way in breach of clauses 2(A) & 2(B) of the Agreement, dated 16.10.2004 etc., was partly allowed.

2. The relevant facts, which are necessary for disposal of the present appeal, are briefly stated as under:-

M/s. Visakha Industries Limited, a company incorporated under the Companies Act, 1956 (hereinafter referred to as “the Company”), respondent herein, manufactures Asbestos Cement Sheets, Yarn and Building Boards. The Hyderabad Cricket Association (hereinafter referred to as “Association”), appellant herein, is a registered society and is an affiliated member of the Board of Control for Cricket in India. The Association has been established for promoting, organizing, managing and conducting game of Cricket in Hyderabad and for holding various tournaments in cricket including those of Board of Cricket Control in India (BCCI) besides International Cricket matches held in Hyderabad. The Association proposed to construct an International Cricket Stadium on all that of its leased land admeasuring Ac.16-00 guntas situated at Tarnaka-Uppal Road. The Association had been making efforts to find a corporate body willing to sponsor or part finance the construction of the new Stadium and in return the Association offers to such party in-Stadium advertising rights and certain other privileges and benefits. It inter alia engaged a third party to act, on commission basis, as agent to persuade a reliable party to come forward and accept the Association’s offer as aforesaid. On termination of the contract with the said third party, the Association approached various companies including M/s.Visakha Industries Limited and after discussions and negotiations, an irrevocable agreement was arrived, which was reduced into writing on 16.10.2004. The relevant clauses of the said agreement are as follows:-

“(A) The petitioner agreed to pay Rs.6.5 crores to the respondent for the exclusive vesting in the petitioner of the irrevocable right to name the said Stadium as ‘Visaka International Cricket Stadium’ and Advertisement, publicity and display rights at the places specified the company’s products, name, logo, trademarks and promotional materials and devices.

(i) An extent of 9,000 running feet in the entire outer rim advertising space of the stadium shall be reserved exclusively for Corporate advertising and publicity and display purposes; out of which 1200 running feet divided into 400 running feet in front of the pavilion on the structure of the stadium’s south stand and 200 running feet each on the structure of the stadium’s East and West stands, and space on the electronic Score Board shall be available exclusively for advertising and publicity and display purposes.

(ii) The entire rooftop of the stadium shall be available exclusively for advertising and publicity and display purposes.

(iii) Two permanently fixed Runner Boards of 20 running feet length and 3 feet width size each, i.e., a total of 40 running feet displayed between 5 to 10 feet outside the boundaries in the third man region on either side of the wicket shall be available exclusively to the company or its nominees for advertising, publicity and display purposes.

(iv) The name of the stadium after ‘Visaka International Cricket Stadium’ shall be displayed at the main gates at the cost of respondent and two big hoardings shall be placed above the East and West sides.

(v) A balloon at the appropriate place and height in the stadium for advertisement shall be allowed to be displayed at the cost of petitioner and a ball will be allowed to b