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BCCI has been unfair against ZEE

BCCI to pay ZEE Rs 140 crore in damages; launch of ICL had led to strong-arm tactics from the BCCI.

A dispute dating back to year 2006 between the Board of Control for Cricket in India (BCCI) and Zee Entertainment Enterprises (ZEE) Limited has now resulted in a tribunal declaring that the BCCI will pay ZEE Rs 140 crore against damages on account of ‘loss of goodwill and profit’ and also in lieu of refund of security deposit with interest.

In 2006, ZEE had won the exclusive media rights to telecast all ODIs to be held between India and any other country in any neutral territory outside India for a period of five years. However, ZEE announced the launch of the Indian Cricket League (ICL) the next year, and all hell broke loose – the five-year Agreement between the two parties was terminated by the BCCI in May 2007, around the time of launch of the ICL, resulting in ZEE invoking arbitration for wrongful termination of the contract.

An Arbitral Tribunal consisting of Justice AS Anand (Retd.), Former Chief Justice of India; Justice YK Sabharwal (Retd.), Former Chief Justice of India and Justice BN Srikrishna (Retd.), Former Judge, Supreme Court of India, was set up to study the matter. Yesterday, the Tribunal ruled in favour of ZEE, holding the BCCI guilty of “exploiting its dominant position” in the game of cricket in India, and of indulging in “unfair conduct against ZEE.” The Tribunal also held that ZEE was “treated unfairly  in its commercial contracts, due to the launch of the Indian Cricket League and was illegally blacklisted.”

Accordingly, the Tribunal also passed an award of Rs 140 crore to be payable by the BCCI to ZEE by December 1, 2012. Failing the payment by this date, interest on the amount would be additionally charged at a rate of 11 per cent per annum.

Punit Goenka, Managing Director and CEO, ZEE said, We welcome the award handed over to it (BCCI) by an eminent panel of jurists.  This award is towards recovery of the losses that we have incurred in the sports business in the past.  We continue to remain committed to our sports business in the long term.

What the Tribunal observed

– The termination of the Agreement by BCCI after the series held in Abu Dhabi and the triseries held in Malaysia was clearly illegal and invalid.

– The breach of Agreement dated 12.04.2006 was committed by the BCCI and not by the Claimant (ZEE).

–  BCCI took the action of termination of claimants rights under Agreement dated 12.4.2006 on account of Claimant launching of ICL and not for reasons made out in its letter of termination.

– The BCCI seems to have been exploiting its dominating position in respect of game of cricket in India.

– The BCCI blacklisting of ZEE (and its group/affiliate companies) from participating in any bidding process of BCCI was clearly illegal.

– The Award amount of approximately Rs. 140 crores payable by BCCI to ZEE includes the Security Deposit of Rs. 30 crores with interest @11% p.a. from 31st May, 2007, loss of profit, loss of goodwill, etc.

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Thackeray stable, city going back to normal

Shiv Sena chief is said to be off life support; but security is beefed up as party supporters throng Matoshree.
by The Editors | editor@themetrognome.in

The city was on edge all day on Thursday, as Shiv Sena chief Bal Thackeray’s health deteriorated the previous evening and he was put on life support. As thousands of Sena supporters, curious citizens and the media camped outside Matoshree, the Thackerays’ residence at Kala Nagar, Bandra (East) since news of his ill health spread on Wednesday, it began to look like the city would face a huge security issue as the crowds continued to swell.

However, the Mumbai police proved equal to the task, as did personnel from the SRPF – a strong security cordon outside Matoshree was set up quickly and efficiently since Wednesday night, with more levels of security added yesterday. As of now, all leaves for the police have been cancelled till further notice. The area outside Matoshree is still cordoned off with barricades.

‘He is better now’

Reports of Thackeray having difficulty breathing began to do the rounds on Wednesday evening, and his health began slipping, after which he was hooked on to a life support system. Several Bollywood and political personalities visited Matoshree on Wednesday and Thursday. Meanwhile, party MP and spokesperson Sanjay Raut said, “Balasaheb is better today and he has been taken off life support. He is responding to treatment and his condition is stable now.” Party executive president Uddhav Thackeray exhorted Shiv Sainiks to keep calm and not believe rumours, warning them that no untoward incident should happen in the city in the wake of the news.

Transport off roads

An estimated 90 per cent of autos and taxis in the city stayed off the roads all day yesterday. Meanwhile, the Shiv Sena strongholds such as Dadar and Parel wore a deserted look, with shops remaining closed and people off the roads. However, the city limped back to normalcy by evening, especially after the sombre look at Dadar’s Sena Bhavan was lifted with the building’s Diwali lighting being switched on again after news of Thackeray’s improving health spread.

(Picture courtesy www.hindubusinessline.com)

 

 

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Bal Thackeray is critical

Amid swirling rumours, thousands of Shiv Sainiks and general public flock to Matoshree; all cops’ holidays cancelled till further notice.
by The Editors | editor@themetrognome.in

Shiv Sena chief Bal Thackeray (86), who has been battling a pancreatic ailment for a long while now, has been in a critical condition since late evening yesterday. His condition is said to have worsened over the night.

Thackeray’s son and party executive president Uddhav appealed to the assembled party workers to keep calm and not spread or listen to rumours. “I am confident that he will pull out of this, his willpower remains as strong as ever,” Uddhav said in a 2.15 am personal appeal made from outside Matoshree. “I appeal to you with folded hands to keep calm. I have not yet lost hope and neither should you. I don’t want to hear any news of any of you misbehaving (in the light of his father’s condition),” he added. Balasaheb’s estranged nephew and Maharashtra Navnirman Sena (MNS) chief Raj Thackeray also exhorted party workers to await news of further developments and to keep calm.

Rumours swirled all over the city and country as crowds waited to hear about the exact status of Thackeray’s health. Media personnel and police were seen in large numbers outside Matoshree; however Shiv Sainiks asked the waiting cameramen to switch off their cameras. At about midnight, the cordon around Matoshree was further increased by the cops.

Meanwhile, President Pranab Mukherjee cancelled his two-day visit to Maharashtra.

 (Picture courtesy www.deccanchronicle.com)

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Nobody’s investing in Mumbai’s mangroves

Current economic state stalls ambitious mangrove centre at Bhandup – the city’s major businesses don’t want to invest in it.
by The Editors | editor@themetrognome.in

Again and again, especially when rains lash the city and submerge large areas of land, news reports remind us of how the city’s fast-depleting mangrove cover could have partly helped save Mumbai. And then we forget about the rains and, more importantly, the mangroves. If mangroves are to be sustained and protected, citizens must learn more about them, and scholars of the subject need to come up with intensive research on the topic.

Suppose you had a place that let you wander around and look at mangroves up close, stare at animals and birds that live inside them, and sit for a lecture or two? The plans and design for such a place is ready and has the Maharashtra state government’s seal of approval. But don’t get too excited just yet – the project is stalled for a lack of funds. The Mangrove Wetland Centre was conceptualised in 2006, got all the requisite approvals and permissions till date, but given the current economic scenario in the country, nobody’s willing to fund the project.

Says Debi Goenka, conservationist and one of the trustees for CAT, “Permissions were the issue at first (for the project not moving forward), but it is not the issue any more. The problem now is money. In the present financial climate, nobody actually has the money for funding the Centre.”

He says that the estimated project cost of the Centre is Rs 140 crore, spread over five years. “The Hong Kong and Shanghai Bank (HSBC) chipped in for our field studies and the making of the master plan. But finding a single donor now for the entire project is next to impossible. We’ve approached several major businesses for funds, but nobody’s willing to invest. Besides, the project needs a 100 per cent fund commitment to start, so we can’t scout for a part of the funds and expect that the rest of the money will miraculously appear,” Debi explains.

The problem is, he adds, that hard-headed businessmen will not fund the project purely out of altruistic motives. “People are not sitting around to give money unless there are assured returns,” he says.

The project

Designed on the lines of the Mai Po Marshes Wetland Park in Hong Kong, the project was ideally suited to Mumbai because it is a living example of an island that survives on its mangrove cover. It is to come up at Bhandup, along the western coast of Thane creek. An MoU was signed with the Forests Department; the project is to come up on forest land and is to be non-commercial in nature. “We are not looking for any commercial rights on the project,” Goenka says.

Conceptualised and developed by a team of architects and experts from Singapore, the Centre will allow visitors a walk through forest areas and see various flora and fauna residing there. They can also learn about the importance of mangroves for the city’s ecology and what can be done to prevent their destruction. “The Centre will also provide employment to local communities while being a prime example of green governance,” Goenka added.

Hurdles galore

The project was initially entangled in a lot of bureaucratic red tape. “In 2007, we submitted the project proposal to the state government. The government was totally receptive to the idea, and very happy with the concept because of its tourism potential and because no such Centre exists anywhere in the country,” Debi says.

However, despite receiving verbal approval, the project got stuck in Nagpur for two years. “In 2009, we finally got the approval, and it then went to the Ministry of Environment and Forests (MoEF) for a final go-ahead,” he says, adding that now the Centre has all the permissions and approvals from all the government agencies.

(Picture courtesy www.solingcute.blogspot.com) 

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Don’t buy these crackers

27 brands of firecrackers tested in Mumbai; most of them violate sound limits and do not mention their chemical composition.
by The Editors | editor@themetrognome.in

The firecrackers you may have bought this Diwali might harm you and your family. Read on to know why.

On November 7, the Maharashtra Pollution Control Board (MPCB) tested firecrackers available for sale in Mumbai. The testing was done thus: samples of crackers of different types from various companies available in the market were procured. They were tested where open space was available with a concrete surface. The noise measurements were made at a four metre distance from the fire crackers.

As many as 27 brands and types of firecrackers sold in Mumbai were tested at Carter Road in Bandra, and several of the brands sold were found guilty of not mentioning the sound limit specified for that cracker on its packaging, or its chemical composition. Of the 27 varieties, 17 had not mentioned the noise level limit, while 21 had not mentioned the chemical composition.

The crackers were tested in two categories, Single and Series. In the Single category, five crackers were found to exceed permissible decibel levels of 125 dB. In the Series category, all the eight crackers tested were found to exceed permissible decibel levels.

Loud and dangerous

In the Single category, the crackers tested were Vulcano sutali bomb, Giant crackers, 7 Up shots, Saddam Dhamaka, 2 Sound Crackers, Flower lady, Gutter balls, Italy, Double Sound, Triple Sound, Nazi green, Thunder bomb, Aerial Out, Crackling king, Thriller bomb, Kargil bullet, Bada bing bada boom and Musical mala. Of these, Thriller Bomb, Thunder bomb, Nazi green, Saddam Dhamaka and Vulcano Sutali bomb exceeded permissible decibel levels. However, these five did specify the chemical composition of the bomb on the packaging, but noise level limits were specified only on Nazi green.

In the Series category, none of the eight brands tested mentioned chemical composition. The brand names were 600 wala, 1,000 wala, 2,000 wala, 50 shots marvel, Red Fort 1000 shell, Speed 100, Dilkhush 50 shots and 5000 shell.

(Picture courtesy AFP/Getty Images)

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A Chinese invasion this Diwali

Demand for Chinese products is up by 45 per cent. Tight household budgets and costly Indian products are to blame.
by The Diarist | thediarist@themetrognome.in

Chinese products have more than flooded the market this Diwali – as per a survey by the Associated Chamber of Commerce’s (ASSOCHAM) Social Development Foundation, the demand for Chinese products this Diwali has gone up by an average of 45 per cent across the country. Their attractive packaging and low price are driving consumers to buy them over their Indian counterparts, the survey finds.

If this state of affairs continues, we might as well be learning how to say ‘Happy Diwali’ in Chinese.

The survey finds that local artisans are facing an increasingly stiff competition from the Chinese crackers, lampshades, lights, Ganesha and Laxmi idols, rangolis and diyas. “Over 78 per cent consumers said that the Chinese lights are almost 50 per cent cheaper as compared to Indian lights, and have more variety. Also, it saves nearly 35 per cent of the Diwali budget,” the survey says.

Suhashri Raut, a Matunga resident told The Metrognome, “We have been buying less crackers for our son, because the crackers he demands are more expensive every year. And children are never satisfied with just a few crackers, you have to keep buying more and more. I went to a market in Borivli with my cousin, and there we purchased many crackers which the dealer told us were from China. I purchased a lot of bombs and chakris for Rs 2,000.” The survey says that consumers are increasingly preferring Chinese crackers because they “are more colourful, produce more sound and have a lot of variety and are cheap, too.”

The Indian fireworks market is pegged at Rs 1,800 crore; it employs about 2.5 lakh people and provides an additional five lakh indirect jobs. The Chinese fireworks circulating in the market currently constitute about Rs 250 crore of the fireworks market share. The ASSOCHAM survey contends that Chinese fireworks illegally enter India through Nepal.

Nobody’s buying greeting cards either

Meanwhile, ASSOCHAM says that the demand for Diwali cards has gone down by over 70 per cent in the last five years, owing to people relying more on e-cards, SMS, MMS, phone calls and social networking to wish each other during the festive season. “During Diwali, the postal department is facing a slump because there is a steep decline in the movement of Diwali post cards and greetings cards. Earlier, the postal department used to handle about 8,000 post cards and greeting cards per day during Diwali, but now the numbers have come down to about 500 cards per day,” reveals ASSOCHAM.

(Picture courtesy www.india-forums.com)

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