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
June 24,2020

New Delhi, Jun 24: Star Bangladesh all-rounder Shakib Al Hasan deeply regrets his "silly mistake" of not reporting a corrupt approach by an Indian bookie to the ICC, leading to his one year suspension from the game.

Shakib was banned for two years, one year of it suspended, for failing to report corrupt approaches during an IPL edition by an alleged Indian bookie named Deepak Aggarwal.

"I took the approaches too casually When I met the anti-corruption guy and told them and they knew everything. Gave them all the evidence and they knew everything that happened," Shakib told Harsha Bhogle on 'Cricbuzz in Conversation'.

"To be honest, that's the only reason I was banned for a year, otherwise I'd have been banned for five or 10 years," he added on the ICC's investigation.

The 33-year-old, who was in brilliant form before the ban, amassing 606 runs in the 2019 World Cup in the UK, said he regrets how he went about the situation.

"But I think that was a silly mistake I made. Because with my experience and the amount of international matches I've played and the amount of ICC's anti-corruption code of conduct classes I took, I shouldn't have made that decision, to be honest."

Lesson learnt, Shakib's advice to all young criceters is to never take any such message lightly.

"I regret that. No one should take such messages or calls (from bookies) lightly or leave it away. We must inform the ICC ACSU guy to be on the safe side and that's the lesson I learnt, and I think I learnt a big lesson," he added.

The all-rounder, whose ban ends on October 29, said he became a bit arrogant and never felt he was doing anything wrong by not reporting the bookie's approach immediately.

"Because you do most things right in your life, you tend to get arrogant with some decisions. You may not realise but you're doing wrong by the books. It never came to my mind that I am doing something wrong

"It was just a feeling of 'okay, what's going to happen, leave it' and I continued with my life. But that's the mistake I made. And that happens," Shakib said.

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News Network
March 2,2020

Madrid, Mar 2: Real Madrid won El Clasico and might have saved their season as they ended their slump in the best way possible last night by beating Barcelona 2-0 and returning to the top of La Liga.

Vinicius Junior's deflected finish and a stoppage-time goal from Mariano Diaz decided a frenzied contest at the Santiago Bernabeu, where Madrid found new life after a Champions League defeat by Manchester City had left them on the brink of crisis.

"It's been a tough week," said Real Madrid manager Zinedine Zidane. "We talked about how we had an opportunity this weekend and we took it."

Victory put them one point clear at the top of the table and shifts focus back to Quique Setien's Barcelona, who were outfought and, at times, outplayed.

"The reality is we lost a lot of confidence with the ball," said Setien. "We entered a nervous spell and that's when the goal came."

Lionel Messi's rasping shot was saved by Real goalkeeper Thibaut Courtois in the first half but it was the Argentine's opposing captain, Sergio Ramos, who was thrashing his arms in celebration after the final whistle.

His reaction was an indication of the importance of this victory, not only for the effect it has on the standings but on the dynamic of the title race, which had seemed to be switching firmly in favour of Barca.

Opportunity missed

Cristiano Ronaldo, now of Juventus, was watching from an executive box and Madrid could have done with him during a period in which they had won only one of their last five games.

Zidane said on Saturday this match would not decide who lifted the trophy in May but a Barca win and a five-point gap might well have been difficult to close.

Yet from the start Barcelona seemed keener to kill the game than win it, playing for time in the hope of keeping the contest tight, when they might have been better off attacking their opponents' fragility.

The Madrid we faced in the first half was one of the worst Madrids I have faced at the Bernabeu. I don't say it as a criticism, we also have our problems, but we've missed an opportunity.

--Gerard Pique, Barcelona defender

There was more tension than creativity in the early stages as Fede Valverde crashed into Arthur Melo before fellow Spain full-backs Dani Carvajal and Jordi Alba were both booked after a disagreement.

Madrid had the better of the play and regularly broke at speed through Vinicius down the left but constantly they failed to make the final pass, with Isco once left with his head in his hands after Marcelo opted not to pull the ball back.

Slow Barca

Barcelona's passing was slow and their lack of urgency obvious. At one point Messi bent to tie his bootlaces and re-spotted the ball before taking a corner.

But the visitors also created chances as Antoine Griezmann drove over from Alba's cutback and then Madrid had Courtois to thank for two excellent saves.

First, Arthur held off Toni Kroos to go clear but his finish was blocked by teh foot of Courtois and then the Belgian palmed away Messi's shot after he had skipped in behind Madrid's defence.

Ramos was lucky to get away with an error that allowed Nelson Semedo to break past him while Alba risked a second yellow when he checked Valverde but referee Mateu Lahoz was unmoved.

Barcelona were sloppy after half-time and Madrid should have capitalised. Instead, Isco's header beat Marc-Andre ter Stegen but not Pique on the line and Karim Benzema volleyed over after a sloppy pass from Arturo Vidal.

Vidal was replaced by Martin Braithwaite, Barca's emergency signing, and he sprinted in behind Marcelo twice in his first minute.

But Madrid remained in the ascendancy and in the 71st minute they took the lead.

Benzema came short and pointed right to encourage Vinicius to run in behind. Kroos found him and Vinicius's shot deflected off the sliding Pique to beat Ter Stegen at his near post.

The game opened up as Barcelona chased an equaliser. Marcelo celebrated when Messi's surge through was stopped by Raphael Varane. Pique headed Messi's cross over at the near post. Messi picked up a yellow card for a frustrated slide on Casemiro.

In injury time, Ter Stegen ventured up for a late free-kick but it was Madrid that struck again. Mariano sped past Semedo and finished from the angle.

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News Network
April 26,2020

New Delhi, Apr 26: The idea of having a full-fledged women's IPL is in a "progression stage" and a World Cup title for India can actually help in turning that into a reality sooner than later, says former captain Anjum Chopra.

Under the leadership of Harmanpreet Kaur, the Indian team sailed into the final of the last women's T20 World Cup, but was thrashed by home favourites and defending champions Australia when it mattered the most.

Chopra, one of the country's most decorated women cricketers, said a World Cup title triumph would have brought about a generational shift to the women's game in cricket-mad India.

"Women's IPL in the progression stages. From one game at the start we had four last year in the Women's T20 Challenge, and this time it was supposed to be seven. It has progressed," Chopra said.

"If the women's team had won the World Cup this year, the number of matches would have been more. There is a big difference between winners and runners up."

Chopra had a successful career spanning over 17 years during which she represented India in six World Cups while becoming the first woman cricket to appear in 100 One-day Internationals.

She added, "A victory (in final of last T20 World Cup) would have been a complete generational shift in a much more progressional manner."

Referring to the rapid strides the women's game has made the world over, she praised the International Cricket Council (ICC) for "consciously building it up".

"ICC has bifurcated viewership numbers also very well for Indian audience."

The icing on the cake was a near-packed Melbourne Cricket Ground (MCG) for the World Cup final between India and Australia, and that was not lost on Chopra, who is now a respected analyst and sportscaster.

"To have 80,000 people watching the final that's commendable. That definitely a boost," said Chopra, who holds the distinction of leading India to their first ever Test series win.

A World Cup triumph and the "mind set would have gone to different level altogether", she believed.

Asked about the chatter around pay disparity in Indian cricket, her simple message was win more to earn more.

"There is already pay parity in Australia. Because both teams have won the World Cups more than any other nations.

"If you start winning, then I am sure things will be different. It's also about how much you are able to generate as a team.

"I would say sky is the limit for them."

With the COVID-19 pandemic bringing sporting activities to a standstill, a cloud of uncertainty hangs over the fate of many big events lined up in the near future.

While the IPL has been put on hold indefinitely, the pandemic has thrown the men's T20 World Cup, scheduled for October-November in Australia, into doubt.

"There has been a suggestion that if we are hosting the World Cup in October, then play the IPL as preparation ground for World Cup."

That is only if the situation improves in the coming times.

"It's difficult to see, to gauge where sport will be after this. For sure it is not going to be where it was before. Even if it opens up tomorrow it couldn't be the same.

"Can sports people can get back to work without worry? We don't know when this is going to be under control."

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