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
April 30,2020

New Delhi, Apr 30: India and Delhi Capitals batsman Ajinkya Rahane won't mind playing the IPL in empty stadiums if it ensures the safety of the fans.

Speaking in an Instagram Live session arranged by Delhi Capitals, Rahane said: "COVID-19 pandemic has taught everyone that unexpected things can happen, therefore we need to be happy about what we are doing, and should value what we have.

"As for IPL or any other sport, I feel it could be played without spectators. All of us have played domestic cricket in almost empty stadiums, so that’s an experience all cricketers are used to."

"Of course we are nothing without our fans, and that’s why their safety is of utmost importance. Even if they get to watch some Live action from home, I am sure that will be an enjoyable experience as well. The safety of fans is key, and if we need to play in empty stadiums for that, we are open to do it,” Rahane said. IPL 2020 has been indefinitely postponed due the COVID-19 pandemic but there is a possibility that it is played behind closed doors in September.

Speaking on how he has been spending time during the nationwide lockdown, India's Test specialist said he is enjoying bonding with his wife and daughter.

"I'm trying to be as positive as possible during this lockdown, and staying at home with my wife and daughter. It's given me an opportunity to bond with them, and I am also able to help my wife in cooking and cleaning.

"I'm also trying to revive my karate skills, something that I pursued as a child. It definitely helps me in maintaining my agility and fitness, and I am enjoying it a lot," said the 31-year-old.

The experienced middle-order batsman was bought by Delhi Capitals last year before the IPL Auction, and says he is really excited about playing for the franchise.

"It is something I've really been eager about, and it has stemmed in because of the things I've heard about the team from the likes of Ishant, Shikhar, and Shreyas. They’ve told me that it's like a huge family where everyone is always backing each other, and enjoying each other's successes," he said.

Talking about his excitement on playing under head coach Ricky Ponting, Rahane said he has always admired the Australian legend.

"My idols growing up were definitely Rahul Sir and Sachin Sir, but I've always admired Ricky Sir also. I used to try to copy his batting and fielding styles. And therefore, I'm really looking forward to working under him. I'm sure he will help me immensely in my batting as well as overall leadership,” said the former captain of Rajasthan Royals.

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News Network
July 21,2020

Melbourne, Jul 21: Cricket Australia's chief executive Nick Hockley has said that the Indian players and staff will most likely be asked to face two weeks of quarantine before the four-match Test series.

This scenario will bring the Adelaide Oval and its newly constructed hotel firmly into view as the sort of biosecure bubble, ESPNCricinfo reported.

India and Australia are slated to face each other in a four-match Test series, which is to begin from December 4 at Brisbane.

"The two-week quarantine is pretty well-defined. What we are working on is making sure that even within that quarantine environment, the players have got the absolute best training facilities, so that their preparation for the matches is as optimal as it can possibly be," ESPNCricinfo quoted Hockey as saying.

"Certainly the fact that the Adelaide Oval has a hotel. It does provide a facility not dissimilar to Old Trafford or Ageas Bowl where the hotels are integrated into the venue," he added.

Hockley also said that an exacting standard of biosecurity and testing would be applied before the series against India as the coronavirus cases are spiking in the subcontinent.

"It's widely known and it's unlikely that international travel restrictions would have lifted by the time that India will be due to come into the country. Clearly there will be testing regimes. We will be able to test people before that they get on to the plane and it is the nature of the situation of making sure we have the quarantine arrangements in line with government and health authority protocols," Hockley said.

"The key thing for the players is that there's regular testing and that we appropriately quarantine them when they come in and all of those plans are currently in development," he added.

The International Cricket Council (ICC) on Monday announced the postponement of the T20 World Cup 2020 slated to be held in Australia from October 18-November 15 due to the coronavirus pandemic.

Following the announcement, the BCCI is likely to go ahead with the Indian Premier League (IPL) in the October-November window. However, it is known where the T20 tournament will be played as cases continue to rise in India.
"I think the BCCI has made no secrets that they are considering what that means for the IPL. For us, it's about getting a bit of an understanding and certainty around what that means. Clearly, in a normal course, some of our best players are obviously top picks for those IPL teams," Hockley said.

"It's a bit premature to speculate on that. We need to understand what the plans are if any and once we understand that we will make decisions accordingly," he added.

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News Network
March 5,2020

Mar 5: India reached a maiden women's Twenty20 World Cup final Thursday after their last four clash against England was washed out, sparking calls for the International Cricket Council to include reserve days in future events.

Harmanpreet Kaur's unbeaten side were due to face the 2009 champions at the Sydney Cricket Ground, but the rain began pouring early in the day with barely any let-up.

With a minimum 10 overs per side needed for a result and no break in the weather, the umpires called it off without a ball being bowled.

Normally, five overs per side are needed to constitute a Twenty20 match, but the rules are different for ICC tournaments.

Four-time champions Australia are scheduled to take on South Africa later in the second semi-final, with that match also under threat.

With no reserve day, the highest-ranked teams from the two groups move into the final if play is not possible

That would pit India against South Africa at the Melbourne Cricket Ground on Sunday, where organisers are hoping to attract 90,000 plus fans, denying Australia a chance to defend their crown.

A reserve day is allowed for the final and the lack of one for the semis has been criticised by some players, with England captain Heather Knight among those calling for change.

"If both semi-finals are lost it would be a sad time for the tournament," she told reporters ahead of the match. "It's obviously going to be a shame if it does happen and I'm sure there will be a lot of pressure on the ICC to change that."

Cricket Australia chief Kevin Roberts said he sought clarification from the ICC about adding a reserve day with the Sydney weather looking ominous, but the request was denied.

"We've asked the question and it's not part of the playing conditions and we respect that," he told Melbourne's SEN radio.

"It gives you cause to reflect and think about how you might improve things in the future, but going into a tournament with a given set of playing conditions and rules, I don't think it's time to tinker with the rules."

It is not the way India would have wanted to make the final, but they are deserving of being there having gone through the group phase as the only unbeaten team.

After opening their campaign by upsetting Australia, they beat Bangladesh, New Zealand and then Sri Lanka.

While the entire team played well, teenage batting prodigy Shafali Verma excelled, which saw her elevated to the top of the ICC T20 batting rankings this week aged just 16.

She is only the second Indian after Mithali Raj to reach number one, pushing New Zealand veteran Suzie Bates down to second.

Ranked four in the world, India had made three semi-finals before this year and lost every time, including against England at the last World Cup.

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