Continuing arguments on a petition filed by Zee Telefilms challenging the cancellation, Dalmiya's counsel Somayaji said it was resorted to due to compelling circumstances and no malafide could be attached.
On Zee's charge that the termination of proceedings was arbitrary, the senior advocate contended that the decision was taken by the marketing committee and endorsed by the general body meeting of the Board.
"It can't be said the decision was that of only one man (Dalmiya)," he claimed.
Refuting Zee's claim that the Board's action of calling ESPN, the second highest bidder for discussions, amounted to malice in law, the senior advocate contended that the tender conditions entitled the Board to negotiate with ESPN. "Even without this clause we would have been justified," he said.
Asking if the action would be faulted, Somayaji pointed out that as a result of the discussions the Board had gained to the tune of about Rs 220 crore.
On the other hand, if the Board had accepted the bids without negotiating for a higher amount it would have been accused of selling the rights for a song, he claimed.