Sahara had raised the issue regarding
significant reduction in the number of matches which was one of the most
important basis and criteria for the bid, since 2011. BCCI had made pre-bid
representations that 94 matches will be held in every season and then
arbitrarily reduced the number of matches from 94 to 74 & then 76. Sahara
had placed its bid for the IPL franchise based on the representations of BCCI
which were false. The reduction in the number of matches has had a substantial
financial impact due to the reduction in the central revenues under the
Franchise Agreement.
This is not the only time that BCCI has
treated Pune Warriors India with disdain and in an unfair manner. Right from day one, when the rule of player
retention was altered prior to IPL Season 4 (which was the 1st year of PWI in
the League) all our requests for seeking a level playing field by having an
Open Auction for the players were turned down. The original Franchise document
of 2008 had a provision of Open Auction every three years. Hence, when
constituting a new team we were deprived of the opportunity to bid for players
of the likes of Sachin, Dhoni, Sehwag, Watson, Malinga etc.
The issue raised by BCCI in creating
grounds for termination as non submission of Bank Guarantee seems like a
desperate measure to cover for their non compliance of promises and
obligations. Sahara has paid over Rs 1000 crore as Sponsorship fee for the
Indian Team to BCCI since 2001 without any default ever. This is apart from the
Franchise Fee for Pune Warriors which Sahara kept on paying since Year 1
despite being given false assurances of justice.
When Mr Subrata Roy Sahara himself wrote to
the BCCI President expressing his concerns before the start of the last Season,
the BCCI President chose not to respond himself, instead deputing his agency to
send a denial for consideration. Mr Rajiv Shukla had met Mr Roy before Season 6
and assured him that all issues will be resolved and requested him to be
patient. When the Season was on, the payment of the last installment for the
Season was discussed and everytime Sahara was assured that the issue will be
resolved and a mutually agreeable solution will be arrived at. However, again
in stark contravention of the understanding and betrayal of trust, our Bank
Guarantee was invoked. BCCI waited before conducting this act of betrayal
because any such move midway through the tournament would have jeopardized
their broadcaster commitments.
Despite assurances given in a meeting
between Mr. Subrata Roy Sahara and Mr N. Srinivasan, President – BCCI in
February 2012, subsequent to which a joint media statement was issued whereby
both parties agreed to start the arbitration proceedings to address Sahara’s
claim for a reduction in franchise fee for 74 matches. However, in
contravention of the understanding reached between the parties, no steps were
taken by BCCI to address our long standing demand of the reduction of the
Franchise Fee. In fact, far from starting the arbitration, BCCI has thwarted
the process.
This made it evidently clear that BCCI did
not want to honour their promises. Therefore due to non fulfillment of
reciprocal obligations of BCCI and failure to keep its promises as given in Feb
2012, Sahara was left with no option but to hold back the Bank Guarantee till
promises and obligations were fulfilled. But instead of fulfilling its promises
and obligations, BCCI went ahead and terminated the Contract, though itself it
is in breach.
As a promoter of sports, the
insensitiveness towards our genuine concerns was very disheartening and this
step though known, is unfortunate.
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