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
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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Agencies
March 14,2020

Sydney, Mar 14: New Zealand pacer Lockie Ferguson has been placed under 24-hour isolation amid the fears of coronavirus after he reported a sore throat following the first ODI of the ongoing three-match series against Australia in Sydney Cricket Ground (SCG) which the hosts won by 71 runs.

"In accordance with recommended health protocols, Lockie Ferguson has been placed in isolation at the team hotel for the next 24 hours after reporting a sore throat at the end of the first ODI," said New Zealand Cricket in a statement.

"Once the test results are received and diagnosed, his return to the team can be determined," it added.

The first ODI of the Chappell-Hadlee series was played in front of empty stands as the spectators were not allowed to be at SCG as a precautionary measure to contain the spread of coronavirus pandemic.

Earlier, Australian fast bowler, Kane Richardson was also tested for the coronavirus, after suffering from a sore throat on Thursday. That saw him left out of the squad for Friday's game but the test was negative.

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News Network
May 13,2020

May 13: With the Olympics postponed due to the coronavirus, top Japanese fencer Ryo Miyake has swapped his metal mask and foil for a bike and backpack as a Tokyo UberEats deliveryman.

The 29-year-old, who won silver in the team foil at the 2012 London Olympics and was itching to compete in a home Games, says the job keeps him in shape physically and mentally -- and brings in much-needed cash.

"I started this for two reasons -- to save money for travelling (to future competitions) and to keep myself in physical shape," he told AFP.

"I see how much I am earning on the phone, but the number is not just money for me. It's a score to keep me going."

Japanese media have depicted Miyake as a poor amateur struggling to make ends meet but he himself asked for his three corporate sponsorships to be put on hold -- even if that means living off savings.

Like most of the world's top athletes, he is in limbo as the virus forces competitions to be cancelled and plays havoc with training schedules.

"I don't know when I can resume training or when the next tournament will take place. I don't even know if I can keep up my mental condition or motivation for another year," he said.

"No one knows how the qualification process will go. Pretending everything is OK for the competition is simply irresponsible."

In the meantime, he is happy criss-crossing the vast Japanese capital with bike and smartphone, joining a growing legion of Uber delivery staff in demand during the pandemic.

"When I get orders in the hilly Akasaka, Roppongi (downtown) district, it becomes good training," he smiles.

The unprecedented postponement of the Olympics hit Miyake hard, as he was enjoying a purple patch in his career.

After missing out on the Rio 2016 Olympics, Miyake came 13th in last year's World Fencing Championships -- the highest-ranked Japanese fencer at the competition.

The International Olympics Committee has set the new date for the Olympics on July 23, 2021.

But with no vaccine available for the coronavirus that has killed nearly 300,000 worldwide, even that hangs in the balance.

Miyake said the Japanese fencing team heard about the postponement the day after arriving in the United States for one of the final Olympic qualifying events.

With his diary suddenly free of training and competition, he said he spent the month of April agonising over what to do before hitting on the Uber idea.

"Sports and culture inevitably come second when people have to survive a crisis," he said.

"Is the Olympics really needed in the first place? Then what do I live for if not for the sport? That is what I kept thinking."

However, the new and temporary career delivering food in Tokyo has given the fencer a new drive to succeed.

"The most immediate objective for me is to be able to start training smoothly" once the emergency is lifted, he said.

"I need to be ready physically and financially for the moment. That is my biggest mission now."

But not all athletes may cope mentally with surviving another "nerve-wracking" pre-Olympic year, he said.

"It's like finally getting to the end of a 42-kilometre marathon and then being told you have to keep going."

As a child, Miyake practised his attacks on every wall of his house -- and he said his passion for the sport was what was driving him now.

"I love fencing. I want to be able to travel for matches and compete in the Olympics. That is the only reason I am doing this."

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