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2012 Supreme(Del) 3337

VALMIKI J MEHTA
Star India Pvt Ltd. – Appellant
Versus
Piyush Agarwal – Respondent


Advocate Appeared:
For the Appellant : Gopal Subramaniam, Mr. Maninder Singh, with Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra and Mr. Yakshay
For the Respondent:Sudhir Chandra with Ms. Gayatri Roy, Himanshu Bagai and Mr. Udit Sood, Abhinav Vasisht, with Ms. Radha Rangaswamy, Amit Sibal and Mr. Raman Kumar, Mr. Rajiv Nayar, with Ms. Sonali Jaitley, Ms. Subha Chauhan and Ms. Parul Yadav, Mr. Mukul Rohtagi, Mr. Abhinav Vasisht with Ms. Radha Rangaswamy, Amit Sibal and Mr. Raman Kumar, Mr. Sanjay Jain with Mr. Hardeep Singh Anand, Ms. Noor Anand, Ms. Vandana Sehgal, Rohan Thawani, Ms. Kriti Singh and Ms. Ruchi Jain, Advocates

JUDGMENT :

Valmiki J Mehta, J.

(i) The present judgment will result in disposal of three suits, namely, CS(OS) 2722/2012, CS(OS) 3232/2012 and CS(OS) 2780/2012. The only contention which is urged on behalf of the plaintiff (who is the same in all the three suits) is that when Board of Control for Cricket in India (hereinafter referred to as "BCCI") organizes cricket matches, then, any and every information pertaining to such cricket matches including the right to create and broadcast Short Message Services (SMSs) based on the said information emanating from the cricket match; and which value added services are being provided by the defendants in the suits; is the exclusive right/property of the plaintiff and therefore the engaging by the defendant in such activities for commercial benefit is illegal. The plaintiff claims exclusive rights of providing such value added services through SMSs on the basis of the agreement dated 10.08.2012 entered into between it and the BCCI, and which agreement gives exclusivity to the plaintiff qua such information and rights.

(ii) The counsel appearing for the defendants have contrarily argued that the plaintiff has no legal right as claimed, and on th

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