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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Agencies
July 21,2020

New Delhi, Jul 21: With the T20 World Cup's postponement clearing the decks for a full-fledged IPL, the glitzy event's Governing Council will meet in a week or 10 days' time to plan its next course of action, eyeing UAE as the host this year.

An IPL between September and early November has been made possible by the ICC's decision on Monday to postpone the T20 World Cup in Australia, scheduled for October-November, due to the COVID-19 pandemic.

"The IPL GC will meet within a week or 10 days and all decisions (including final schedule) will be taken there. As of now, the plan is to have a full fledged IPL comprising 60 games and most likely in the UAE," Patel told PTI.

Asked about the main challenges in conducting the event in current scenario, Patel added: "Just the operational side of it. Whether you do it here or outside, it doesn't matter (with no crowds)."

The franchisees had already been working on their plans for the IPL even before the ICC announcement.

With majority of the Indian players not having access to grounds amid the pandemic, teams will need at least three to four weeks to get them match ready.

Foreign players will fly in directly to the UAE from their respective countries.

"Our players will need at least three to four weeks of training, if not more. We will finalise all our plans once the BCCI announces the dates. It looks like the IPL will be in the UAE and we are ready for that," a team owner told PTI.

Since India tour Australia for a four-Test series right after the IPL, training of the Test players is also an important issue.

Test specialists like Cheteshwar Pujara and Hanuma Vihari, who are not part of the IPL, are likely to train for the eagerly-awaited series in a bio-secure environment at the newly-renovated Motera Stadium in Ahmedabad during the time of the IPL.

A few fringe players are expected to join them at Motera along with the Indian team's support staff, which is free during the IPL.

Work from home has become the norm amid the pandemic, therefore, there is a possibility that IPL commentary will happen from the comfort of the living room, a safer and cost effective-option considering the likes of Sunil Gavaskar, who is 71, are involved.

The viewership is expected to be a record one with people craving for live cricket, something KXIP co-owner Ness Wadia has said.

However, it remains to be seen how much the broadcasters and teams are able to attract from the sponsors in the current financial climate.

More moot points and questions ahead of the IPL GC meeting:

1) More double headers expected (original schedule had only five double headers).

2) BCCI will need to provide a Standard Operating Procedure to IPL teams even though they will have their own SOPs in place.

3) Will the BCCI compensate teams for not being able to generate gate money this year?

4) Will there be virtual commentary from Star Sports? It was seen in the recent 3TC event in South Africa with the likes of Aakash Chopra, Deep Dasgupta and Irfan Pathan commentating from home.

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News Network
February 24,2020

Feb 24: India captain Virat Kohli had no qualms in admitting that his team was outplayed by New Zealand in the opening Test but said they "can't help" if a few want to make a "big deal" out of the 10-wicket defeat. Hosts New Zealand thrashed India by 10 wickets at the Basin Reverse on Monday to go 1-0 ahead in the two-match series. This was India's first defeat in the World Test Championship, coming after two inept batting efforts. "We know we haven't played well but if people want to make a big deal out of it, make a mountain out of it, we can't help it as we don't think like that," the skipper said at the post-match media interaction.

Kohli said he fails to comprehend why one Test match defeat should be made to look like the end of the world for his team.

"For some people, it might be the end of the world but it's not. For us, it's a game of cricket that we lost and we move on and keep our heads high," Kohli said.

It is the acceptance of defeat that defines the character of a side, the world's premier batsman said.

"We understand that we need to play well to win, also at home. There's no cakewalk at international level as teams will come and beat you. You accept it and that defines our character as a side."

It is the acceptance of defeat that defines the character of a side, the world's premier batsman said. "We understand that we need to play well to win, also at home. There's no cakewalk at international level as teams will come and beat you. You accept it and that defines our character as a side."

If he had given credence to the "outside chatter", he said the team wouldn't have been where it is now.

"That's why we have been able to play this kind of cricket. If we would have paid attention to the outside chatter, we would again be at No. 7 or 8 in the rankings. We don't really bother about what people are saying on the outside," the skipper said.

One defeat can't make a team, which has been winning games of Test cricket, "bad overnight".

"If we have lost then we have no shame in accepting that. It means we didn't play this game well. It doesn't mean that we have become a bad team overnight. People might want to change our thoughts, but it doesn't work like that."

The self-belief is intact and Kohli was confident the team would come back stronger in the second Test, to be held in Christchurch in four days time.

"We will work hard, and after four days play just like we have played all these years. Just because we have lost one match in between all wins, doesn't mean that the belief is gone. The dressing room thinks differently and team atmosphere is different."

Kohli felt that there is a very thin line between being ultra-defensive and over-attacking, something that his team didn't get it right in this Test match.

"New Zealand got into the mind of the batsmen and make the batsmen do something that they don't want to. think that's a very thin line and a very delicate balance of when to attack and when to put bowlers under pressure which we failed to do in this match and there is no harm in accepting that."

According to Kohli, it was a combination of both good bowling from the Kiwis and Indian batsmen not putting the pressure back on bowlers, which led to the drubbing.

"That has got to do with partly good bowling from New Zealand and partly us not pressing that momentum on to them when required. "It was perfect for them because they bowled well and we allowed them to bowl well for longer periods rather than doing something about it in a partnership."

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News Network
January 28,2020

Gibraltar, Jan 28: Young Indian Grand Master R Praggnanandhaa pulled off a huge upset, beating former world champion Veselin Topalov in the sixth round of the 18th Gibraltar chess festival to record his fifth straight win here.

The 14-year-old Chennai lad needed just 33 moves to put it across the Bulgarian. He had started with a loss against compatriot P V Nandhidhaa but since then he has been on a winning spree.

Praggnanandhaa, who recently won the world under-18 title, said: "It was very tough to prepare against him."

He is in second spot on five points with six other players and will take on Chinese GM Wang Hao in the seventh round.

Seventeen-year-old Russian GM Andrey Esipenko jumped to sole lead with 5.5 points with a win over Georgia's Ivan Cheparinov

The Russian player would be unpaired in the seventh round as he decided to take a bye.

A bunch of players including Indians — B Adhiban, K Sasikiran, Shardul Gagare, Karthikeyan Murali, SL Narayanan — are in joint third place with 4.5 points.

Adhiban beat Gabriel Flom, while D Gukesh, the world's second youngest Grand Master ever, defeated Martin Percivaldi to move to four points.

Also winning were Karthikeyan Murali against Qi B Chen and Gagare over France's Maxime Lagarde.

Top-seed Shakhriyar Mamedyarov's moderate run continued as he was held to a draw by GM Aryan Chopra.

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