High Court upholds Rs 14.49 crore arbitral award to Sourav Ganguly

Kolkata: The Calcutta High Court on Monday dismissed a petition filed by Percept Talent Management Ltd. and its affiliate, upholding an arbitral award of Rs 14.49 crore in favour of former Indian cricket captain Sourav Ganguly.

The case arose from a 2003 Player Representation Agreement (PRA) under which Ganguly had appointed Percept as his exclusive commercial manager.

The bench of Justice Ravi Krishan Kapur ruled that the arbitral award dated December 9, 2018, along with a supplementary award dated March 8, 2019, required no interference under Section 34 of the Arbitration and Conciliation Act, 1996. The tribunal had awarded Ganguly Rs 14.49 crore, with 12 per cent annual interest from November 21, 2007, until the date of payment, as well as Rs 50 lakh in legal costs.

The dispute arose after Percept terminated the PRA on November 21, 2007, citing Ganguly’s non-selection in the Indian cricket team for a continuous period of over six months in 2006. However, the tribunal found that Ganguly’s re-selection in November 2006 ended the event of variation that triggered the right to terminate. The High Court upheld this reasoning, noting that the contract required such rights to be exercised while the variation continued.

The court also noted that Percept continued to manage Ganguly’s commercial affairs after issuing the termination notice, amounting to a waiver of the termination.

Percept’s claim to 20 per cent of Ganguly’s earnings from his 2008 Indian Premier League contract with Knight Riders Sports Pvt. Ltd. was rejected. The court agreed with the tribunal’s view that those payments were for cricketing services and not covered under the PRA.

The court also declined to accept audit reports presented by Percept, citing lack of supporting evidence. The petition was dismissed without costs.