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2011 Supreme(Del) 268

VIKRAMAJIT SEN, MUKTA GUPTA
Essel Sports Pvt. Ltd. – Appellant
Versus
Board of Control for Cricket – Respondent


Advocates Appeared:
Mr. Harish Salve, Sr. Adv., Mr. C.S. Vaidyanathan, Sr. Adv., Mr. Maninder Singh, Sr. Adv. with Ms. Pratibha M. Singh, Ms. Surabhi Mehra & Mr. Nikhil Mehra, Advs. in India & Ors. Mr. C.A. Sundaram, Sr. Adv. with Ms. Radha Rangaswamy, Mr. Raman Kumar, Mr. Harsh Kaushik & Mr. Amit Sibal, Advs.
Mr. Ramji Srinivasan, Sr. Adv. with Ms. Dahlia Sen Oberoi, Ms. Manya Kumar & Mr. Zeyaul Haque Advs. for Respondent Nos.2 and 3.

JUDGMENT

VIKRAMAJIT SEN, J.

1. This Judgment will dispose of connected Appeals No. FAO(OS) 107/2010 and FAO(OS) 154/2010 emanating from the common Order of the learned Single Judge dated 4.2.2010, by means of which an interim injunction on the Plaintiff‘s application under Order XXXIX Rule 1 and 2 Code of Civil Procedure, 1908 (CPC for short) restrained the Defendant, Essel Sports Pvt. Ltd. (ESPL) from proceeding against the Plaintiff, the Board of Control for Cricket in India (BCCI), in Courts in England. The Plaintiff submits that there is complete identity between the cause of action of the notified lis proposed and thereafter actually filed on 4.2.2010 in the High Court of Justice, Chancery Division, London and the dispute which is subject matter of Suit, CS(OS) No.1566/2007, filed by ESPL against the BCCI presently pending in this High Court. By the subject Order, the learned Single Judge vacated the injunction relating to the International Cricket Council (ICC) and the England & Wales Cricket Board (ECB).

2. The facts, in a nutshell, are that ESPL started a cricket tournament in the name and style of the Indian Cricket League (ICL) wherein the competing teams constitute player








































































































































































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