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
January 22,2020

New Delhi, Jan 22: The pitches in New Zealand have become a lot more batting-friendly over the years, says iconic former batsman Sachin Tendulkar, insisting that India have the “ammunition” to trouble the sprightly hosts during the upcoming series.

Tendulkar, who has been on a record five New Zealand tours since 1990, feels that from seaming tracks during his early trips years, the tracks became high-scoring hard ones during his last tour back in 2009.

“Of late, the Tests in New Zealand have been high scoring and surfaces have changed,” Tendulkar told PTI during an exclusive interview.

India will play five T20 Internationals, three ODIs and two Tests during the tour starting with the shortest format on January 24.

From 2002, when India played ODIs and Tests on green tops, to 2009, when India won only their second Test series in 32 years, Tendulkar has seen it all in New Zealand.

“I remember when we played in 2009, the Hamilton pitch was different compared to other pitches. Other pitches got harder (Wellington and Napier) but not Hamilton. It remained soft.

“But Napier became hard with passage of time (where Gautam Gambhir scored an epic match-saving 12-hour hundred in 2009). So, from my first tour (in 1990 till 2009), I realised pitches got harder with passage of time,” Tendulkar said.

Tendulkar is confident that the Indian bowling attack, spearheaded by Jasprit Bumrah, has the ammunition to put New Zealand in trouble.

“We have a good bowling attack with quality fast bowlers as well as spinners. I believe we have the ammunition to compete in New Zealand.”

However, in Wellington, Tendulkar wants the team to be well-prepared to counter the breeze factor.

“Wellington, I have played and it makes a huge difference if you are bowling with the wind or against the wind. The batsman needs to be judicious in the choice of which end he wants to attack, it is very important,” he said.

Tendulkar said he would prefer spinners to bowl against the breeze.

“...the seamers bowling against the strong breeze need to be smart. So I would prefer that if there is strong breeze, let the spinner bowl from that end and from the opposite end, the fast bowler bowls with the breeze behind him,” he said.

The maestro is confident that Rohit Sharma's white ball experience will hold him in good stead in the Tests as well, an assignment that has been kept for the last leg of the trip, which begins with five T20 Internationals from January 24.

“The challenge would be to go out and open in different conditions. I think Rohit had opened in New Zealand in ODIs and has been there quite a few times, he knows the conditions well. Eventually, Test cricket is Test cricket,” he said.

“But all depends on surfaces that they provide. If they provide green tops, then it's a challenge.”

There is no Bhuvneshwar Kumar or Deepak Chahar in limited-overs series but Tendulkar is not ready to press the panic button.

“Injuries are part and parcel of the game when you play and push your body to the limits.

“When you play for your country you need to give your best and while you give your best, you can get injured. That's okay,” he concluded.

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News Network
March 19,2020

Geneva, Mar 19: Regional Olympic officials are rallying around the IOC and have backed its stance on opening the Tokyo Games as scheduled, as direct criticism from gold medalist athletes built amid the coronavirus outbreak.

Leaders of continental Olympic groups praised the IOC after a conference call Wednesday to update them on coronavirus issues four months before the opening ceremony in Tokyo on July 24.

"We are living through an unpredictable crisis and as such, it is important that we have one policy, expressed by the IOC, and we follow that policy in unison," the Italy-based European Olympic Committees said.

However, when the International Olympic Committee published an interview with its president, Thomas Bach, after a separate call with athlete representatives, it prompted a four-time Olympic champion to urge postponing the games.

Bach acknowledged that many athletes were concerned about qualifying events being canceled, but noted that there were still four months to go until the games are set to be opened.

"We will keep acting in a responsible way in the interests of the athletes," Bach said.

British rowing great Matthew Pinsent wrote on Twitter that the comments from Bach, his former IOC colleague, were "tone deaf."

"The instinct to keep safe (not to mention obey govt instructions to lock down) is not compatible with athlete training, travel and focus that a looming Olympics demands of athletes, spectators organisers," Pinsent wrote.

Responding to the criticism from Hayley Wickenheiser, a four-time Olympic hockey gold medalist, the IOC said it was "counting on the responsibility and solidarity of the athletes."

Members reinforce faith in IOC

The IOC repeated its steadfast stance after a conference call with sports governing bodies, many of which have not completed qualification events for Tokyo.

"There is no need for any drastic decisions at this stage; and any speculation at this moment would be counter-productive," the IOC said.

That message was repeated after Wednesday's conference call by IOC executive board member Robin Mitchell, the interim leader of the group of national Olympic bodies known as ANOC.

"We share the view that we must be realistic, but not panic," Mitchell said in a statement released by the IOC on behalf of the Oceania Olympic group.

Offering unanimous support for the IOC's efforts to resolve qualification issues, the 41-nation Pan-American group noted challenges facing potential Olympians.

Australian Olympic Committee chief executive Matt Carroll said his organized recognized there was a global health crisis, but equally was assured by the IOC that the games would go ahead.

"We recognize people are suffering -- people are sick, people are losing jobs, businesses are struggling amid enormous community uncertainty. Things are changing everyday and we all must adapt," Carroll said.

"We owe it to our Australian athletes to do everything we can to ensure they will participate with the best opportunity in those Games."

Australia's team delegation leader said the focus now was "moving to the planning of our pre-Games preparation to ensure we get our athletes to the Games healthy, prepared and virus free."

"Clearly that is a major challenge for all National Olympic Committees," he said.

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News Network
June 3,2020

Colorado, Jun 3: Formula One boss Chase Carey has said that races will go ahead even if a driver tests positive for coronavirus.

His remarks come as organisers revealed a revised 2020 calendar and the schedule for the first eight races was put in the public domain.

"An individual having been found with a positive infection will not lead to a cancellation of a race. We encourage teams to have procedures in place so if an individual has to be put in quarantine, we have the ability to quarantine them at a hotel and to replace that individual," the official website of Formula One quoted Carey as saying.

"Some things we'd have to talk through and work through. The array of 'what ifs' are too wide to play out every one of them, but a team not being able to race would not cancel the race. I do not think I could sit here and lay out the consequences," he said.

Carey added the organisers will be having the necessary procedures in place so that the race does not get cancelled if a driver ends up testing positive for coronavirus.

"But we will have a procedure in place that finding infection will not lead to a cancellation. If a driver has an infection, teams have reserve drivers available," Carey said.

"We would not be going forward if we were not highly confident we have necessary procedures and expertise and capabilities to provide a safe environment and manage whatever issues arrive," he added.

The Formula One 2020 season will be beginning with the Austrian Grand Prix in July.

F1 currently expects the opening races to be closed events but hopes that fans will be able to attend again when it is safe to do so.

The season will kick off with the Austrian Grand Prix at the Red Bull Ring on July 5, followed a week later by a second race on the same track.

The Hungarian Grand Prix will follow a week after that, before a break. There will be then two back to back races at Silverstone, followed by the Spanish Grand Prix in Barcelona.

The Belgian Grand Prix will follow that, with the Italian Grand Prix at Monza a week later on September 6.

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