Bombay high court upholds BCCI's decision to terminate Deccan Chargers

October 18, 2012
Deccan_Chargers


Mumbai, October 18: The cash-strapped Deccan Chargers will remain terminated from the IPL after the Bombay high court on Thursday set aside a status quo order passed by an arbitrator on cessation of its membership in the league.

Hearing a petition filed by the Cricket Board, Justice RD Dhanuka quashed the status quo order passed by the arbitrator appointed by the high court to resolve the dispute between BCCI and Deccan Chronicles Holdings Limited (DCHL).

On another petition filed by DCHL against termination of the contract of its IPL franchise, the court refused to grant any interim relief, but said the legality of the termination would be decided by the arbitrator.

The court's orders on the two petitions effectively means that the termination of Deccan Chargers' IPL membership would stand, according to legal circles.

The arbitrator, retired supreme court judge CK Thakker, had last week passed an order for status quo to be maintained following which BCCI had moved the high court in appeal.

"Arbitrator had no jurisdiction to grant status quo. On the same day (October 12), the high court had denied extension of time to DCHL to furnish Rs 100 crore bank guarantee as directed by the court on October 1," Justice Dhanuka said.


He further said the arbitrator is not "superior" to the high court and hence cannot pass an order which overrides the high court's direction.


Criticising the plea made by DCHL before the arbitrator for status quo, the court said, "Once the high court has rejected relief, the plea made before the arbitrator is not maintainable."


Justice Dhanuka noted that the order passed by another judge of the court on October 1 directing DCHL to furnish bank guarantee was "self operative and protective of the interests of both DCHL and BCCI".

The court also refused interim stay on termination of IPL franchise as sought by DCHL in a separate petition.

"DCHL has still not furnished bank guarantee. Hence there is no change in circumstances to grant relief to DCHL. No case is made out for interim relief for granting stay on termination. The application seeking stay is a gross abuse of law," Justice Dhanuka said.


The court, however, observed that the legality and validity of the termination would be a subject matter before the arbitrator.

The Deccan Chargers had lost its place in the IPL on October 13 after the high court stayed the arbitrator's order for maintaining status quo in the matter till further hearing, while BCCI declared that the termination of the IPL franchise stands following the court's order.

A day after ending the Deccan Chargers' franchise, the BCCI had begun the process of finding a new IPL team inviting bids in respect of 12 cities -- Ahmedabad, Cuttack, Noida Dharamsala, Indore, Hyderabad, Kanpur, Kochi, Nagpur, Rajkot, RanchI and Vizag.

BCCI Counsel Raju Subramaniam argued "IPL season 6 is going to commence from April next year. There are several good international players from the Deccan Chargers team who will be left high and dry if they are not included in the auction list".

The BCCI Counsel argued that DCHL was given sufficient time to submit the bank guarantee of Rs 100 crore as directed by another judge of the high court. He said "Justice Kathawala had kept DCHL and BCCI's interest in mind and asked them to submit bank guarantee if they wanted to participate in the IPL 6 season."

However, DCHL's failure to submit bank guarantee of Rs 100 crore of a nationalised bank allowed BCCI to initiate action in furtherance to the termination.


Senior counsel S U Kamdar, appearing for DCHL, told the court that the company, which is in financial difficulty, should be allowed to sell the team. "To help BCCI, the company decided to go out of IPL 6 by selling the team. But the cricket board has a problem with that also," he said.

Kamla Landmarc Realty, which had shown interest in buying the IPL franchise, submitted that no prejudice would be caused to BCCI if DCHL was allowed to sell the team and go out of the IPL 6.

Ratnakar Bank, which has lent Rs 55 crores to DCHL, urged the court to give DCHL a chance so that they can negotiate with prospective buyers for the IPL franchise instead of terminating the contract. If they are allowed to sell the franchise then the rights of lenders will be protected, Bank's Counsel Anjan Dasgupta submitted.

BCCI had on September 15 decided to terminate the contract at an emergency IPL Governing Council meeting in Chennai, which was challenged by DCHL in Bombay high court.

The court had on October 1 ordered DCHL to furnish a bank guarantee of Es 100 crore, bear all expenses for IPL 6, including making payments to BCCI towards franchise, players and support team costs. Besides, it was asked to bear the costs of conducting matches and other expenses.


In the event of any default on part of DCHL, BCCI shall be entitled to invoke the bank guarantee to the extent necessary, Justice Kathawala had ruled.

The Deccan Chargers had failed to produce Rs 100-crore bank guarantee before the court on October 12, the condition set by the court for the team's continuance in the IPL, effectively meaning the end of the road for the beleaguered team.

The DCHL, however, approached the same day and secured an order that status quo be maintained. The arbitrator's order had prevented BCCI from going ahead with the termination.

Aggrieved, the Cricket Board then moved the Bombay high court, which stayed the arbitrator's order on October 13, paving the way for the BCCI to go ahead with the termination of the franchise and invite bids for a new team.



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News Network
July 19,2020

Dubai, Jul 19: On hold for the past two months, the fate of this year's T20 World Cup will be up for a decisive round of deliberation when the ICC board meets virtually on Monday with the BCCI hoping for a postponement to ensure that the IPL can go ahead.

The global event is supposed to be held from October 18 to November 15 in Australia but the country's cricket board had, in May itself, expressed its inability to host amid a second surge of Covid-19 cases in the state of Victoria.

With India's case load also exceeding the 10 lakh mark, including more than 26,000 deaths, the IPL, if it is held, is likely to move to the UAE once the central government gives its go ahead.

"The first step was postponement of Asia Cup, which has happened. We can only start to move ahead with our plans after the ICC announces the postponement. They have been sitting on the decision even after Cricket Australia said that they are not too keen on hosting the event," a BCCI Apex Council member told PTI on conditions of anonymity.

This year's T20 World Cup will likely be held in Australia in 2022 as India doesn't want to swap its 2021 hosting rights with Cricket Australia as of now.

That Australia won't be hosting the mega event was clear after the cricket board told its players to prepare for a white-ball series against England scheduled for late September.

CA has even announced a 26-strong preliminary squad for that tour.

The ICC, on its part, has maintained that it wants to explore all possible "contingency" options before taking a call of such immense magnitude. And it is not unusual for the governing body to wait this long.

"Pakistan was supposed to host the Champions Trophy in 2009. After the terrorist attacks on the Sri Lankan team bus, everyone in their proper senses knew that PCB will never host a big event in distant future," said a source familiar with the functioning of the ICC.

"Yet, ICC deputed its employees in Pakistan for months when South Africa was already preparing to host the event. Everyone knew but a formal announcement of shift took months as threat assessment was part of protocol.

"The ICC couldn't have just postponed 9the T20 World Cup) immediately as initially, the top ministers of the Australian government expressed keenness to host," he added.

The Pakistan Cricket Board has also resigned itself to this outcome after vehemently opposing the Indian board.

The postponement of Asia Cup, which was supposed to be hosted by the PCB, to 2021 was a big blow to Ehsan Mani and his team.

"We have had a lot of discussions and the feeling is it (T20 World Cup) would not be possible this year. ICC has World Cups lined up in 2021 and 2023 so we have a gap year where we can adjust this event," Mani had recently said while talking to reporters in his country.

It has been learnt that PCB is contacting other boards in the hope of finalising some bilateral engagements as the national team has nothing lined up after its England tour.

Nomination process for Chairman's election:

The other issue that is likely to come up for discussion in Monday's meeting is the nomination process for the next independent chairman of the ICC after Shashank Manohar's resignation earlier this month.

It is learnt that there is no consensus on what should be the criteria in case multiple candidates join the fray.

"The board is not united on whether the usual 2/3rd majority to decide will be used (as its in case of policy decision) or the case of simple majority among the 17 board members," an ICC Board member said.

England and Wales Cricket Board's Colin Graves was considered the top contender with BCCI president Sourav Ganguly's name also being floated.

Ganguly's candidature will certainly depend on whether the Supreme Court waives off the cooling off period and allows him to continue as BCCI president beyond July 27 when he completes six years as an office-bearer in the Indian Board's state and national units.

When asked about the possibility of taking up the ICC job in a recent interview, the 48-year-old said he is young and and in no hurry for the position.

New Zealand's Gregor Barclay, Hong Kong's Imran Khawaja, who is currently the interim chairman, are also being talked about as potential candidates.

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News Network
July 3,2020

Karachi, Jul 3: There was a sense of insecurity among Pakistan players during the 2019 World Cup, claims former chief selector Inzamam-ul-Haq, who also reckons that the PCB should have given Sarfaraz Ahmed more time as captain instead of removing him abruptly.

Inzamam said captains need to be backed since they get better with time.

"Even in the last World Cup I felt the captain and players were under pressure because they were thinking if we don't do well in the tournament we will be out. That environment was created and this is not good for cricket," Inzamam said.

"Sarfaraz achieved some notable victories for Pakistan and was learning to be a good captain but unfortunately when he had learnt from experience and mistakes he was removed as captain," the former captain told a TV channel.

Inzamam remained chief selector from 2016 till the 2019 World Cup. During his tenure, most of the time Sarfaraz remained captain.

Soon after Inzamam was replaced by head coach Misbah-ul-Haq, the Pakistan Cricket Board removed Sarfaraz as a player and captain from all three formats.

"Sarfaraz won us the Champions Trophy and also made the team number one in T20 cricket. He got us some good wins. He should have been given more time as captain by the board but it acted in haste and didn't give him confidence or patience."

The PCB has now given the Test captaincy to senior batsman, Azhar Ali while young batsman Babar Azam leads the side in the white ball formats.

Inzamam, the most capped player for Pakistan, also said that the captain's own performance can dip as he had to focus a lot on other players.

"But a captain learns all this with time. There is no shortcut to it."

He pointed out that people praise Imran Khan’s leadership qualities and captaincy but he also won the World Cup on his third attempt as captain.

"He won the 1992 World Cup because by that time he had become a seasoned captain and learnt to motivate his players and get them to fight in every match."

Inzamam said giving confidence to new players and youngsters is very important for the selectors. He gave the example of Babar Azam.

"Babar struggled initially in Test cricket but we never had any doubt about his ability so we persisted with him and see today where he is standing in all formats."

He also described Babar and pacer, Shaheen Shah Afridi as and future stars.

"Babar is always compared to Virat Kohli but the latter has played a lot more cricket and if you look at their stats and performances at the stage Babar is now, he has not done badly at all."

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Agencies
January 16,2020

New Delhi, Jan 16: Veteran cricketer Mithali Raj was on Thursday demoted to Grade B from A in the BCCI central contracts while Radha Yadav and Taniya Bhatia were elevated to the middle bracket.

Mithali not being kept in the Rs 50 lakh category was expected as the 37-year-old retired from T20s in September last year. However, she remains the ODI captain and plans to carry on till the 2021 World Cup.

T20 skipper Harmanpreet Kaur retained his A category contract alongside Smriti Mandhana and Poonam Yadav.

Radha and Taniya, who both had a Grade C contract worth Rs 10 lakh last year, have now entered Grade B (Rs 30 lakh).

Players getting a central contract for the first time are 15-year-old opener Shafali Verma and Harleen Deol, who like the teenager is an attacking batter.

Shafali has attracted a lot of attention ever since making her India debut last year. She recently made 124 against Australia A in Brisbane. The opener will be expected to deliver in the upcoming T20 World Cup Down Under.

Dropped from the list is Mona Meshram, who was in Grade C last year and hasn't played a single game in recent times.

The latest contracts run from October 2019 to September 2020.

Grade A (Rs 50 lakh): Harmanpreet Kaur, Smriti Mandhana, Poonam Yadav.

Grade B (Rs 30 lakh): Mithali Raj, Jhulan Goswami, Ekta Bisht, Radha Yadav, Taniya Bhatia, Shikha Pandey, Jemimah Rodrigues, Deepti Sharma.

Grade C (Rs 10 lakh): Veda Krishnamurthy, Punam Raut, Anuja Patil, Mansi Joshi, D Hemlatha, Arundhati Reddy, Rajeshwari Gayakwad, Pooja Vastrakar, Harleen Deol, Priya Punia, Shafali Verma.

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