MUMBAI: Modi Entertainment Network (MEN), which had filed a case against ESPN Inc and ESPN India "for breach of contract and fiduciary duties" in the supreme court of the state of New York has lost the case.

All claims made by MEN in the action brought in the New York supreme court were rejected, according to a statement issued by ESPN Software India.

MEN had claimed, amongst others, that its term as a distributor of ESPN Service in India, which expired on 30 September, 2000 and was not extended by ESPN Software India Pvt. Ltd., should have been extended. MEN claimed damages on this account. This claim along with others was rejected, the statement says.

Instead ESPN has succeeded on the counter claim it filed against MEN in this proceeding and has been awarded $ 2.4 million.

The award ($ 2,414,737 to be exact) is for dues that were still owed to ESS from the last four months that the distribution arrangement with MEN was still on (June to September 2000).

New York supreme court judge Gammerman issued the ruling on 7 April 2004.

When contacted, Modi Enterprises Limited chairman Lalit Modi declined comment, stating he was still to be apprised of the latest developments in the case.

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