Two ‘India’ players return their WSH fee

stick2hockey.com reproduces verbatim the Tushar Khandkar and Shivendra Singh’s letter to WSH authorities.

Dear Sir,

Re: Agreement dated 20 December 2010

This is with reference player to Agreement dated 20 December 2010 (“Agreement”) whereby Nimbus Communications Ltd. (“Nimbus”) had engaged services for the purpose of a commercial hockey league.

The dates on which Nimbus has chosen to schedule the said league have rendered the contract impossible to perform, as the said league is scheduled to be held on the dates that conflict with the national duty as a member of the Indian hockey team. The said Agreement is therefore void, as it constitutes an agreement to do an impossible act.

At the time I signed the said Agreement, I was assured by representatives of Nimbus that the league would be approved league and the dates would be scheduled with the permission of all concerned authorities so as to avoid any conflict with the calendar of Indian national team. It was on the basis of these assurances that my consent to the Agreement was obtained. I have now come to know that these assurances were untrue to your knowledge and were being an agreement included by fraud. The terms of the Agreement also constitute an agreement in restraint of trade, and in the absence of a severability clause, the entire Agreement is void on this ground alone.

Without prejudice to the above, it is clear that the Agreement itself recognizes the primacy be given by players to attend to national duty. It is the dream of any sportsman to represent their country in Olympics. I am proud and fortunate to have been a member of the Indian hockey team representing India in Olympic Qualifiers and am likely to be selected as a member of Indian team for Olympics. I am therefore required to attend all training and selection camps that are scheduled for Olympic Team, and follow a diligent conditioning schedule, which also includes prescribed periods of rest. We were assured on a number of occasions that in the event India were to qualify for Olympics, Nimbus would not interfere with players prioritizing national duty over participation in the commercial leagues, as this was already provided for in the terms of the Agreement. Further, I am given to understand that any agreement to the contrary would be void as being national interest and public policy.

In light of the fact that the Agreement is no longer subsisting, please find enclosed no. 004760 for an amount of Rs. 90,000/- in refund of the fee paid to me by you at the time of signing the Agreement.

Without prejudice to the above, Nimbus has committed a fundamental breach of its obligations under the Agreement and has demonstrated its intent not to perform its obligations, thereby repudiating the Agreement. Under Clause 2 and Schedule 3 of the Agreement, I was paid 40% of my Player Fee “no later than 7 days before the first match of the league.” Given the fact that the inaugural match of the league is scheduled from February 29, 2012, a material breach of the Agreement has already occurred. The Agreement therefore stands rescinded and I stand discharged under the Agreement.

I reserve all rights and contentions with regard to the Agreement.