** PCB obtain injunction against cricket website**](http://www.jang-group.com/thenews/jan2003-daily/21-01-2003/sports/s7.htm)
LAHORE: The Pakistan Cricket Board (PCB) have obtained an interim injunction against CricInfo Limited that restrains the company from changing its status.
The case pertains to specific performance of a contract dated February 5, 2002, between the parties.
The application to the civil court in Lahore prayed for a permanent injunction against CricInfo Ltd, England, through its chief executive as follows:
Decree be passed against the defendant with costs and the defendant be directed to make the balance payments to the plaintiff and issue necessary shares immediately and specifically perform its part of the agreement, and the defendant be permanently restrained from changing or altering the status of the defendant company or in any way entering into any merger or deal with any third party/company or person whether by way of sale of part or whole of the defendant’s assets or undertaking any other direct or indirect way.
The PCB had entered into a multi-year worldwide agreement on February 5, 2001, with the company. The agreement was for trading, displaying, promoting and live coverage of various information and material relating to the PCB on the internet. As per the agreement, the company was to maintain an internet website for the PCB and income generated was to be shared between the two parties as per the agreement.
The company was also bound to pay a minimum guarantee amount of $505,000. The agreement also provides on or before August 4, 2001 from the commencement, the company would issue unrestricted ordinary shares or common stock shares to the PCB equal to an open market value of $1,000,000.
However, the company only paid $80,000 and that too in violation of the agreement and did not provide the $1,000,000 worth of shares. According to the PCB newsletter, in view of this material breach of agreement, CricInfo was approached many times to take necessary steps to discharge its contractual obligations. Nonetheless, after it failed to respond to the PCB reminders, the PCB, on April 3, 2002, issued a legal notice to the company but the grievance was not redressed. However, after lengthy correspondence Alex Balfour, Chairman, CricInfo, visited the PCB offices and a compromise settlement was reached through an MoU signed on November 4, 2002.
The purpose of the compromise was to enable CricInfo overcome financial difficulties as a consequence of the September 11, 2001 events as well as to give a new lease of life to the relationship between the PCB and CricInfo.
Subsequently, the PCB learnt from media reports that the company was already planning transferring its assets or otherwise merging with another company called Wisden. The PCB also learnt that the new company in the name and style of Wisden CricInfo was already registered or was in the process of being registered for this purpose.
On January 3, 2003, the PCB initiated a civil suit in the court as per the procedure agreed upon by both parties. On January 4, 2003, the civil judge restrained the company from any merger or altering the status of the company until the suit was adjudicated.
The court has set January 29 as the date of hearing.
Our correspondent adds: Meanwhile Balfour has also responded to the PCB newsletter.
"CricInfo and the PCB signed an agreement on February 5, 2001. From May 10, 2001, CricInfo sent 25 letters to the PCB and made numerous phone calls on issues relating to the agreement. However, more than half of the letters were not even answered and no agreement was reached.
“The PCB and CricInfo signed an MoU on November 4, 2002, in order to resolve outstanding issues related to our agreement of February 5, 2001. This MoU was revoked unilaterally by the PCB on December 5, without just cause. We are not willing to discuss matters which concern our dealings with the PCB as we are both bound by the confidentiality clause we signed as part of our contract in February, 2001, and the further confidentiality agreement the parties signed on June 29, 2002.”