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
January 9,2020

Atlanta, Jan 9: Top tennis stars like Roger Federer, Rafael Nadal, and Serena Williams will be playing an exhibition match to raise funds for Australia's bushfire relief.

Apart from these three, Naomi Osaka, Nick Kyrgios and Stefanos Tsitsipas have also confirmed their availability for the match, CNN reported.

The match will be played on January 15 at Melbourne's Rod Laver Arena. The Australian Open Rally for Relief will be donating the proceedings from the ticket sales to the bushfire relief efforts.

Tennis star Maria Sharapova had also announced on Wednesday that she had left 10 signed pairs of her tennis shoes in her Brisbane hotel that members of the public could buy with a donation to the Australian Red Cross.

"Brisbane, I have signed ten pairs of my tennis shoes, left them at the @BrisbaneTennis
desk at the Westin Hotel, alongside a donation envelope for fire rescue efforts.They're yours to keep,we just ask you to donate AUD 300 a pair. All money going directly to Red Cross," Sharapova tweeted.

Earlier, former Australian spinner Shane Warne on Monday had announced to auction his Baggy Green cap to raise funds for victims of devastating bushfires in Australia.

Taking to Twitter, Warne made the announcement and posted a statement.

"The horrific bushfires in Australia have left us all in disbelief. The impact these devastating fires are having on so many people is unthinkable and has touched us all. Lives have been lost, homes have been destroyed and over 500 million animals have died too," Warne wrote.

"Everyone is in this together and we continue to find ways to contribute and help on a daily basis. This has led me to auction my beloved baggy green cap (350) that I wore throughout my Test career," he added.

Warne joined a growing list of cricketers to raise money for the bushfire victims. Australian players Chris Lynn, Glenn Maxwell and D'Arcy Short have already announced that they will donate AUD 250 each for every six they hit in the ongoing Big Bash League (BBL) to support bushfire victims.

Athletes from other sports too joined the movement as tennis stars Maria Sharapova and Novak Djokovic decided to donate 25,000 dollars each for Australia's bushfire relief fund.

Wildfires have been raging across Australia for months, killing 23 people, burning about 6 million hectares (23,000 square miles) of bushland and killing a billion animals.

Naval and air rescue operations were launched on Friday as mass evacuations of towns at risk of being engulfed by flames got underway.b

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News Network
July 2,2020

Jul 2: Cricket's biggest names, most of whom could hear only stories of Sir Everton Weekes' exploits from the bygone era, on Thursday remembered the "great" batsman and a "greater human being" in glowing tributes after he died aged 95.

Weekes, who formed the famous three 'Ws' of West Indies cricket alongside Clyde Walcott and Frank Worrell as part of a formidable batting lineup for more than a decade, died on Wednesday.

His death left the cricket world in a state of mourning.

"As one of the remarkable 'Three Ws', along with Sir Clyde Walcott and Sir Frank Worrell, who together struck 39 Test centuries, he played an important hand in a period that marked the rising dominance of West Indies cricket," the ICC said in its obit.

The 1925 Barbados-born Weekes made his Test debut against England in 1948.

"On behalf of CWI I want to publicly express our deepest sympathy to the family of this remarkable Iconic sportsman and gentleman, who passed away earlier today," Cricket West Indies president Ricky Skerritt said in a release.

"I never had the opportunity to see Sir Everton bat, but I had the opportunity to get to know him a little in his later years. I learned about his incredible career by reading about him and looking at old videos when I could.

"His performance stats were excellent as he set tremendously high standards for his time."

In his career, Weekes played 48 Test matches and made 4,455 runs at an average of 58.61 per innings. That included a world-record five consecutive centuries in 1948 — scores of 141 against England in Jamaica, followed by knocks of 128, 194, 162 and 101 in India. In his next innings in Madras, he made 90 when he was controversially run out.

Skerritt added, "... Sir Everton was, therefore, a most amazing pioneer in West Indies cricket; a gentleman and quite simply a wonderful human being."

The modern-day cricketers also mourned his death and paid moving tributes.

Former India captain Anil Kumble tweeted, "Saddened to hear about the passing of WI legend Sir. Everton Weekes. Had met him during the ICC conference in Barbados. He remembered a conversation we had during his time as a match referee. Condolences to his family and friends."

Kumble's former India teammate VVS Laxman wrote, "Heard about the passing away of West Indies legend, Sir Everton Weekes. He was one of the greats of the game. My condolences to his family and loved ones."

Mike Atherton, the opener who led England in the 1990s, was also disappointed to know of the legend's passing away.

"Very sad to learn of the passing of Sir Everton Weekes. A humble man who wore his greatness lightly."

Former West Indies pacer Ian Bishop said, "I had the great privilege of spending time in the company of Sir Everton on several occasions over the past 2 decades. Never once did I leave his presence without feeling a sense (of) warmth, cheerfulness & having learnt something rich & endearing each time. A truly great human being. The Marylebone Cricket Club said in a statement: "Everyone at MCC and Lord's are saddened at the news of Sir Everton Weekes' passing,"

"He will forever be remembered as one of the West Indies' finest cricketers."

Former India player and current coach Ravi Shastri said, "Saddened by passing away of Sir Everton Weekes who was the last of the famous 'Three Ws'. A true humble great of the game. My thoughts and prayers are with Sir Weekes' family and fans in this hour of grief. RIP Sir Folded hands."

All three -- Walcott and Worrell, Weekes -- were born within a couple of miles of one another - within 18 months in Barbados between August 1924 and January 1926, and all made their Test debuts within three weeks in early 1948.

Worrell died in 1967 and Walcott in 2006.

Weekes' average of 58.61 runs places him along with George Headley in the top 10 Test averages of all time.

Darren Sammy, who captained West Indies few years ago, took to Twitter and wrote, "We lost a legend today. Sir Everton Weekes is part of @windiescricket great history and legacy. He also was a great human being. Condolences goes out to his family. May he Rest In Peace."

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News Network
March 2,2020

Mar 2: Indian captain Virat Kohli was left frustrated and deflated as New Zealand won the second Test inside three days in Christchurch on Monday to sweep the series.

India started the day at 90 for six and were all out for 124, before New Zealand chased down the required 132 to win for the loss of three wickets in 36 overs.

It ended a disappointing tour for India and Kohli as New Zealand, who won the first Test by 10 wickets early on day four, wrapped up the series with ease.

New Zealand are now unbeaten in their last 13 home Tests, winning nine of them, and in the past decade their record as hosts is played 39, won 20, drawn 13 and lost five.

In the latest series, on traditional New Zealand green wickets, India managed scores of 165, 191, 242 and 124, reflecting the low contributions from Kohli of 2, 19, 3 and 14.

Kohli came to New Zealand as the world's top Test batsman and oozing charm as he described New Zealand as the “nice guys” of cricket.

But during the series he lost his top ranking to Australian Steve Smith and when Kane Williamson went for three in the first innings of the second Test the pressure showed when he gave the New Zealand skipper a very animated send-off.

There was further evidence of frustration when he was caught on camera yelling an obscenity at a group of New Zealand supporters on Sunday.

The end came quickly for India on day three as Tim Southee and Trent Boult tormented the batsmen with their variety of inswing and outswing deliveries targeting both sides of the stumps.

Hanuma Vihari was the first to fall, in Southee's second over, when he turned a legside delivery too fine and was caught by BJ Watling diving to his left.

Five balls later and with no addition to the score, India's other overnight batsman Rishabh Pant was caught behind off a Boult delivery that swung away.

Mohammed Shami was caught for five by Tom Blundell at deep mid-wicket and Jasprit Bumrah was run out when trying to give the strike to Ravindra Jadeja, who was unbeaten on 16.

Boult and Southee signed for most of the dismissals with Boult taking four for 28 and Southee three for 36. The swing pair accounted for 25 of the 40 Indian wickets in the series.

There was enough seam and swing available for India to keep the New Zealand batsmen guessing but Bumrah and Umesh Yadav were unable to apply consistent pressure and Mohammed Shami was troubled by a sore shoulder.

New Zealand coasted through a century opening stand by Tom Latham and Blundell before losing three quick wickets.

Latham notched his 18th half-century and second of the Test before he was caught behind off Yadav for 52, Kane Williamson had a short stay for five, and Blundell went for 55.

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