The England and Wales Cricket Board's Chief Executive, Tim Lamb, is insisting that India have a legally-binding commitment to play four Test matches in England next summer.

Jagmohan Dalmiya, the president of the Board of Control for Cricket in India, is refusing to adhere to a written agreement by the previous Indian board to play four Tests in England in 2002, as well as participating in a triangular series with England and Sri Lanka.

Dalmiya has said India will not play in one of the Tests unless another one-day fixture is accomodated when England return to India after Christmas, and the next tour here in 2005-06 comprises five Tests.

Scrapping one of the seven Tests planned for next summer would cost the ECB around £5 million in television money, sponsorship and gate receipts.

The ECB have correspondence signed by former honorary secretary Jaywant Lele, dated April 5 2001, which states: "The dates and venues of the Test matches are OK."

"As far as we are concerned we have a binding commitment and most lawyers would tell you that if historical practice was that tours were confirmed by exchange of correspondence then that letter in which they say it is OK is a binding commitment," Lamb said.

"The letter in our possession is effectively a contract, signed by a duly authorised officer of both the BCCI and ECB."

Sri Lanka are due to play three Tests in England in 2002, followed by the one-day series which precedes India's four Tests.

England may look to arrange a one-off Test, possibly against the West Indies, before the ICC Knockout Tournament in September.

"We have started to think about it but as far as we are concerned we have a commitment with India. However, we must play a seventh Test match next summer in the UK to fulfil our sponsorship and broadcasting commitment," said Lamb.

"The Oval has a very good reputation for advanced ticket sales and I wouldn't be surprised if the figure was close to £1million now.

"We must play India next summer because under the future tours programme if you don't play a series it has got to be rearranged and we won't be able to fit it into the calendar," Lamb said.

"This is why it is important to have quite severe penalties for those that default on a tour simply because of the practical difficulties of re-playing series."

"I would hope that we would find support from the international community on a do-as-you-would-be-done-by basis," said Lamb. "Otherwise what is there to stop them doing it to someone else?"

The responsibility for reaching a decision on how to proceed with the issue will rest with the ECB's management board, who sit on Monday,

© CricInfo Ltd.