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
May 9,2020

May 9: Filipina weightlifting star Hidilyn Diaz noticed live-streamed concerts were collecting money for coronavirus relief and was struck by inspiration: why not raise funds with an online workout?

Since then the Olympic silver-medallist -- and strong contender for her country's first Games gold -- has made enough money to buy food packs for hundreds of hard-hit families in the Philippines.

Diaz has done it all from Malaysia, where she was training to qualify for the now-postponed Tokyo Olympics when much of the world locked down against the virus in March.

"I thought (distribution) would be impossible because I'm not physically present," Diaz, 29, told news agency.

"It's a good thing that I have trusted friends and trusted family members who understand why we need to do a fundraising."

That circle of supporters has handed out the packages, which include vegetables, eggs and rice, to more than 400 families.

The food was bought with donations from about 50 people who joined sessions that lasted up to three hours, and gave them a rare chance to train with an elite athlete.

Diaz rose to fame in 2016 after snagging a surprise silver in the 53 kilogramme category in Rio, becoming the Philippines' first female Olympic medallist and ending the nation's 20-year medal drought at the Games.

Two years later, she won gold at the Asian Games in Indonesia.

However, her quest to qualify for Tokyo is on hold ahead of the Games' rescheduled opening in July 2021.

"I thought all the hard work would soon be over... then it was extended," she said. "But I'm still thankful I can still continue with (the training) I need to do."

Still, the lockdown broke her daily training regimen, keeping her away from weights for 14 days for the first time in her career.

"I felt like I was losing my mind already. I've been carrying the barbell for 18 years and all of a sudden it's gone. Those were the kinds of anxiety that I felt," she said.

But she got access to some equipment, and with her coach's urging, got back to work. She was relieved to find her strength was still there.

Instead of a Tokyo berth, the past months have been about a different kind of accomplishment for Diaz: helping her countrymen get through the coronavirus crisis.

Rosemelyn Francisco's family in Zamboanga City, Diaz's home town, is one of the first to get help from the athlete's initiative, and is deeply grateful.

Her family was not wealthy to begin with, and the pandemic has cost her husband his construction job.

"The food she donated has all everything we need, including eggs," said Francisco, 27.

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News Network
February 14,2020

London, Feb 14: Former Sri Lanka skipper and current Marylebone Cricket Club's president Kumar Sangakkara has said that the 2009 Lahore terror attack taught him about his own character and values.

His remarks came as MCC arrived in Pakistan to play T20I matches against Lahore Qalandars. This will mark his first return to the Gaddafi Stadium, where a shocking atrocity took place when the Sri Lankan bus was attacked by terrorists.

The Sri Lankan team was on their way to Lahore's Gaddafi Stadium for a Test match with Pakistan in 2009 when terrorists from the Taliban and Lashkar-e-Jhangvi (LeJ) fired indiscriminately at their bus. The attack left eight people dead and injured seven Sri Lankan players and staff.

Ever since the incident, no cricket team toured Pakistan to play a cricket series, however, the landscape changed last year as Sri Lanka paid a visit to the country to play a series across formats. After that, even Bangladesh toured Pakistan and now there are talks of South Africa going to the country to play a series.

"I don't think I need any flashbacks, because I remember that day and those moments so very clearly. It's not something I relive or wallow in. But it's an experience you should never forget, because it gives you perspective in terms of life and sport, and you learn a lot about your own values and characters, and those of others," ESPN Cricinfo quoted Sangakkara as saying.

"I have no reservations about talking about it, it's not something that upsets me, but these sorts of experiences can only strengthen you. Today I consider myself very fortunate to be able to come back here to Lahore, and at the same time remember the sacrifice of all those who lost their lives that day," he added.

Sangakkara said that every human has his own way of dealing with such adversity.

"I think everyone deals with it in their own personal way. But at the same time, what really unites us is that you face adversity and you face challenges, and you have to get past it, and you've got to do that successfully. It's about moving forwards and upwards and being part of cricket. Being Sri Lankan you learn those lessons quite well, because, throughout our civil war, cricket was a unique vibe," Sangakkara said.

"We speak about the attack at various times. We even have a laugh about it, in terms of what we went through because it helps sometimes to look at it with a bit of humour, even though there was a tragic loss of life, and other serious injuries within that incident," he added.

MCC in the weeklong tour will take on Lahore Qalandars in a T20 match at the Gaddafi Stadium later today.

Kumar Sangakkara will lead the MCC's twelve-man squad for the tour, which includes Ravi Bopara, Roelof van der Merwe, Ross Whiteley among others.

Fixtures for the upcoming tour are as follows:

MCC vs Lahore Qalandars, T20I, Gaddafi Stadium, February 14

MCC vs Pakistan Shaheens, ODI, Aitchison College, February 16

MCC vs Northern, Aitchison College, T20I, February 17

MCC vs Multan Sultans, Aitchison College, T20I, February 19.

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News Network
May 3,2020

New Delhi, May 3: In a startling revelation, India speedster Mohammed Shami has claimed that he thought of committing suicide thrice while battling personal issues a few years ago, forcing his family to keep a watch over him at all times.

He said his family members feared he "might jump" from their 24th floor apartment.

Shami, one of India's leading bowlers in recent years, opened up on his personal and professional life during an Instagram chat with teammate and limited overs squads' vice-captain Rohit Sharma.

"I think if my family had not supported me back then I would have lost my cricket. I thought of committing suicide three times during that period due to severe stress and personal problems," Shami revealed during the session on Saturday.

Now one of the mainstays of Indian bowling attack across formats, the 29-year-old was struggling to focus on his cricket, then.

"I was not thinking about cricket at all. We were living on the 24th floor. They (family) were scared I might jump from the balcony. My brother supported me a lot.

"My 2-3 friends used to stay with me for 24 hours. My parents asked me to focus on cricket to recover from that phase and not think about anything else. I started training then and sweated it out a lot at an academy in Dehradun," Shami said.

In March 2018, Shami's wife Hasin Jahan had accused him of domestic violence and lodged a complaint with the police, following which the India player and his brother were booked under relevant sections.

The upheaval in his personal life forced his employer BCCI to withheld the player's central contracts for a while.

"Rehab was stressful as the same exercises are repeated every day. Then family problems started and I also suffered an accident. The accident happened 10-12 days ahead of the IPL and my personal problems were running high in the media," Shami told Rohit.

Shami said his family stood like a rock with him and the support helped him get back on his feet.

"Then my family explained that every problem has a solution no matter how big the problem. My brother supported me a lot."

Speaking about another painful period in his life after his injury in the 2015 World Cup, Shami said it took him almost 18 months to get back on the field.

"When I got injured in the 2015 World Cup, after that it took me 18 months to fully recover, that was the most painful moment in my life, it was a very stressful period.

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