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 11,2020

Dubai, Feb 11: Two Indian players-- Akash Singh and Ravi Bishnoi -- and three Bangladeshis have been charged by the International Cricket Council (ICC) for involvement in the quarrel just after the U-19 cricket World Cup summit clash in Potchefstroom, South Africa on Sunday.

Akash and Bishnoi and three Bangladeshi players -- Md. Towhid Hridoy, Shamim Hossain and Rakibul Hasan -- were found guilty of breaching the ICC Code of Conduct after a few players from both sides nearly came to blows after Bangladesh beat India by three wickets to win their maiden U-19 World Cup title.

"Five players have been found guilty of a Level 3 breach of the ICC Code of Conduct for Players and Support Personnel ... (they) were charged with violating Article 2.21 of the code, whilst Bishnoi received a further charge of breaching Article 2.5," the ICC said in a statement.

"All five players have accepted the sanctions proposed by ICC U-19 Cricket World Cup Match Referee Graeme Labrooy," it added.

A near brawl broke out after Bangladesh’s historic win over India in the final. The Bangladesh players were aggressive during the Indian innings with lead pacer Shoriful Islam frequently sledging the Indian batsmen.

As soon as the match ended, Bangladeshi players rushed into the playing area.

"India's Akash accepted the charge of breaching Article 2.21 and has received a sanction of eight suspension points, which equates to six demerit points, which will remain on his record for two years," the ICC said.

Compatriot Bishnoi accepted the charge of breaching Article 2.21 and has received a sanction of five suspension points, which equates to five demerit points.

"Bishnoi also accepted a level 1 charge of breaching Article 2.5 for a separate incident during the match, where he used language, actions or gestures which disparage or which could provoke an aggressive reaction from a batter following the dismissal of Avishek Das in the 23rd over," said the ICC.

"For this he received a further two demerit points meaning seven demerit points will remain on his record for the next two years."

Bangladesh's Towhid Hridoy accepted the charge of breaching Article 2.21 and has received a sanction of ten suspension points, which equates to six demerit points, which will remain on his record for two years.

Shamim Hossain accepted the charge of breaching Article 2.21 and has received a sanction of eight suspension points, which equates to six demerit points, which will remain on his record for two years.

Rakibul Hasan accepted the charge of breaching Article 2.21 and has received a sanction of four suspension points, which equates to five demerit points, which will remain on his record for two years.

All charges were levelled by on-field umpires Sam Nogajski and Adrian Holdstock, third umpire Ravindra Wimalasiri as well as fourth umpire Patrick Bongni Jele. Level 3 breaches carry a minimum penalty of four suspension points and a maximum penalty of 12 suspension points.

The suspension points will be applied to the forthcoming international matches the players are most likely to participate in at either senior or U-19 level. One suspension point equals a player being ineligible for one ODI or T20I, U-19 or A team international match.

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News Network
February 27,2020

Melbourne, Feb 27: Shafali Verma's 34-ball 46 followed by a superlative performance from the bowlers helped India notch up a narrow four-run win over New Zealand in a crucial group A match of the ICC Women's T20 World Cup on Thursday.

Invited to bat, India posted a below-par 133 for eight against New Zealand in the crucial group A match with Shafali top-scoring with a 34-ball 46 and Taniya Bhatia chipping in with a 25-ball 23.

India, however, produced a disciplined performance with the ball to restrict New Zealand to 129 for six and register their third successive win in the tournament.

With this win, India topped Group A, having beaten Australia and Bangladesh in their last two outing.

Defending the total, India introduced spin straight away but Deepti Sharma bled 12 runs with opener Rachel Priest (12) hitting her for two boundaries.

But experienced pacer Shikha Pandey removed Priest in the next over when she had her caught at mid wicket.

With Shikha and left-arm spinner Rajeshwari Gayakwad bowling in tandem, New Zealand played with caution to reach 28 for one.

Back into the attack, Deepti then cleaned up Bates with a beauty of a delivery as New Zealand slipped to 30 for two.

Poonam Yadav and Radha Yadav then mounted the pressure on the Kiwis and soon the Black Caps were 34 for 3 when the former dismissed skipper Sophie Devine (14).

Maddy Green (24) and Katey Martin (25) then tried to resurrect the innings with a 36-ball 43-run stand.

However, Gayakwad returned to remove Green, who danced down the pitch only to end up with an outside edge as Bhatia did the rest.

Radha then dismissed Martin to leave New Zealand at 90 for 5 in 16.3 overs.

Needing 44 off 21 balls, Kerr (34) blasted four boundaries to accumulate 18 runs in the penultimate over bowled by Poonam to bring the equation down to 16 off six balls.

In the final over, Heyley Jensen (11) and Kerr cracked a four each but Shikha held her nerves in the end to complete the win.

Earlier, 16-year-old Shafali provided the fireworks as India scored 49 for one in the powerplay overs. But they lost six wickets for 43 runs to squander the good start.

Smriti Mandhana (11), who returned to the playing XI after missing the last match due to illness, departed early but Shafali and Taniya (23) kept the scoreboard ticking, adding 51 runs for the second wicket.

In the 10th over, Taniya was caught by Amelia Kerr at backward point, while Jemimah Rodrigues (10) was caught by Kerr in the 12th over as India slipped to 80 for 3.

Skipper Harmanpreet Kaur's (1) poor form also continued as she was soon back to the hut after being caught and bowled by Leigh Kasperek.

Shafali, who was dropped at long-on in the 8th over and at mid-wicket in the 10th over, then holed out to Jensen at deep extra cover. She had four hits to the fence and three maximum shots in her innings.

Left-handed batter Deepti Sharma (8) and Veda Krishnamurthy (6) brought up the 100 in the 15th over but both departed soon as India slumped to 104 for 6.

Radha Yadav then blasted 14 off nine balls, which included a six in the final over, to give some respectability to the total.

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News Network
January 7,2020

Indore, Jan 7: With the first T20I being washed out, India and Sri Lanka will now hope that rain gods stay away from the Holkar Stadium when the two teams face each other in the second match of the ongoing three-game series on Tuesday.

Only toss could take place on Sunday at Guwahati`s Barsapara Cricket Ground before rain gods came in and left damp spots on the pitch thus forcing the game to be called off without a ball being bowled.

Hairdryers were used to dry the pitch after water seeped in through leaking covers at the Barsapara Stadium, a sight which is not usually seen in international cricket. And that hasn`t gone down well with the Board of Control for Cricket in India (BCCI) which now awaits chief curator Ashish Bhowmick`s report on the same.

The Men in Blue, who enjoyed a brief break, are coming into the series on the back of T20I series victories against Bangladesh and West Indies respectively and thus would be the more confident side out of the two.

Just like Guwahati, the team management and other Indian cricket fans would focus on comeback man Jasprit Bumrah who is making his return to international cricket. Bumrah has been out of action after India`s tour of the West Indies in July-August due to a stress fracture on his back and thus would be rearing to go and perform for the team.

Dhawan, like Bumrah, was not part of the West Indies series after he hurt his knee during the Syed Mushtaq Ali Trophy. The left-handed opener was not at his absolute best in the T20I series against Bangladesh and faced criticism from several quarters.

While Bumrah will grab more eyeballs during the remaining two matches, the series is also important for left-handed opening batsman Shikhar Dhawan, making a comeback into the team post knee injury.

However, recently, he scored a century in the Ranji Trophy and showed glimpses of returning to form.

In the bowling department, the team management would be checking out how the likes Navdeep Saini and Shardul Thakur react to pressure situations in death overs alongside Bumrah in the absence of frontline speedsters Mohammed Shami Deepak Chahar and Bhuvneshwar Kumar.

Young-off spinner Washington Sundar would like to put up performances to ensure that he gets to be part of the squad travelling to Australia for the World T20 in October.

Shivam Dube would also like to perform better - both with bat and ball - till Hardik Pandya is fully fit and back in action.

Wicketkeeper-batsman Rishabh Pant - like recent times - will once again be watched with careful eyes. Pant knows that he cannot take things lightly and need to perform as Sanju Samson as already warmed the benches for six straight T20Is.

For Sri Lanka, the remaining two matches of the series would be about giving match practice to the likes of Angelo Mathews who is returning to the national side having last played a T20I against South Africa in August 2018

In their last T20I series, Sri Lanka suffered a 0-3 rout in Australia as all their three departments failed to put in a commanding performance.

India and Sri Lanka have faced each other in 17 T20Is, out of which India have won 11 -- joint most for them against all opponents faced in shortest format.

With the three-match series now effectively turning into a two-game affair, both India and Sri Lanka would want to win in Indore to make sure they can`t lose the series. Also, Sri Lanka have never beaten India in a bilateral T20I series, a record which they would desperately like to change in the remaining two games.

Squads:

India: Virat Kohli (c), Shikhar Dhawan, KL Rahul, Shreyas Iyer, Rishabh Pant (wk), Ravindra Jadeja, Shivam Dube, Yuzvendra Chahal, Kuldeep Yadav, Jasprit Bumrah, Navdeep Saini, Shardul Thakur, Manish Pandey, Washington Sundar, Sanju Samson.

Sri Lanka: Lasith Malinga (c), Dhanushka Gunathilaka, Avishka Fernando, Angelo Mathews, Dasun Shanaka, Kusal Perera, Niroshan Dickwella, Dhananjaya De Silva, Isuru Udana, Bhanuka Rajapaksa, Oshada Fernando, Wanindu Hasaranga, Lahiru Kumara, Kusal Mendis, Lakshan Sandakan, Kasun Rajitha.

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