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
March 23,2020

Colombo, Mar 23: Sri Lankan batting great Kumar Sangakkara has said he is currently in self-quarantine, following his government's guidelines for those recently returning from Europe, which has now become the epicentre of the COVID-19 pandemic.

The authorities are concerned over people returning from the most-affected COVID-19 countries in Europe not registering with the police and practising isolation.

"I have no symptoms or anything like that, but I'm following government guidelines," Sangakkara told News First.

"I arrived from London over a week ago and the first thing was there was a news bulletin saying that anyone who had travelled from within March 1 to 15 should register themselves with the police and undergo self-quarantine. I registered myself with the police."

The former captain said this even as the government confirmed there have been at least three cases of recent returnees attempting to hide the novel coronavirus symptoms from authorities.

Both Sangakkara and his former teammate Mahela Jayawardene have been active on social media, urging Sri Lankans to avoid panic and to exercise proper social distancing, as the country went into curfew on Friday evening.

Sri Lanka has so far reported more than 80 active COVID-19 positive cases in the country.

Across the world, the number of infected has crossed three lakh besides a death toll of more than 14,000 people.

Meanwhile, former Australia pacer Jason Gillespie has also gone into a two-week isolation after returning from the United Kingdom.

Gillespie, who is the head coach at Sussex, had been in Cape Town with the team for a pre-season tour, which was cut short as a result of the coronavirus outbreak.

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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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News Network
July 2,2020

Jul 2: Cricket's biggest names, most of whom could hear only stories of Sir Everton Weekes' exploits from the bygone era, on Thursday remembered the "great" batsman and a "greater human being" in glowing tributes after he died aged 95.

Weekes, who formed the famous three 'Ws' of West Indies cricket alongside Clyde Walcott and Frank Worrell as part of a formidable batting lineup for more than a decade, died on Wednesday.

His death left the cricket world in a state of mourning.

"As one of the remarkable 'Three Ws', along with Sir Clyde Walcott and Sir Frank Worrell, who together struck 39 Test centuries, he played an important hand in a period that marked the rising dominance of West Indies cricket," the ICC said in its obit.

The 1925 Barbados-born Weekes made his Test debut against England in 1948.

"On behalf of CWI I want to publicly express our deepest sympathy to the family of this remarkable Iconic sportsman and gentleman, who passed away earlier today," Cricket West Indies president Ricky Skerritt said in a release.

"I never had the opportunity to see Sir Everton bat, but I had the opportunity to get to know him a little in his later years. I learned about his incredible career by reading about him and looking at old videos when I could.

"His performance stats were excellent as he set tremendously high standards for his time."

In his career, Weekes played 48 Test matches and made 4,455 runs at an average of 58.61 per innings. That included a world-record five consecutive centuries in 1948 — scores of 141 against England in Jamaica, followed by knocks of 128, 194, 162 and 101 in India. In his next innings in Madras, he made 90 when he was controversially run out.

Skerritt added, "... Sir Everton was, therefore, a most amazing pioneer in West Indies cricket; a gentleman and quite simply a wonderful human being."

The modern-day cricketers also mourned his death and paid moving tributes.

Former India captain Anil Kumble tweeted, "Saddened to hear about the passing of WI legend Sir. Everton Weekes. Had met him during the ICC conference in Barbados. He remembered a conversation we had during his time as a match referee. Condolences to his family and friends."

Kumble's former India teammate VVS Laxman wrote, "Heard about the passing away of West Indies legend, Sir Everton Weekes. He was one of the greats of the game. My condolences to his family and loved ones."

Mike Atherton, the opener who led England in the 1990s, was also disappointed to know of the legend's passing away.

"Very sad to learn of the passing of Sir Everton Weekes. A humble man who wore his greatness lightly."

Former West Indies pacer Ian Bishop said, "I had the great privilege of spending time in the company of Sir Everton on several occasions over the past 2 decades. Never once did I leave his presence without feeling a sense (of) warmth, cheerfulness & having learnt something rich & endearing each time. A truly great human being. The Marylebone Cricket Club said in a statement: "Everyone at MCC and Lord's are saddened at the news of Sir Everton Weekes' passing,"

"He will forever be remembered as one of the West Indies' finest cricketers."

Former India player and current coach Ravi Shastri said, "Saddened by passing away of Sir Everton Weekes who was the last of the famous 'Three Ws'. A true humble great of the game. My thoughts and prayers are with Sir Weekes' family and fans in this hour of grief. RIP Sir Folded hands."

All three -- Walcott and Worrell, Weekes -- were born within a couple of miles of one another - within 18 months in Barbados between August 1924 and January 1926, and all made their Test debuts within three weeks in early 1948.

Worrell died in 1967 and Walcott in 2006.

Weekes' average of 58.61 runs places him along with George Headley in the top 10 Test averages of all time.

Darren Sammy, who captained West Indies few years ago, took to Twitter and wrote, "We lost a legend today. Sir Everton Weekes is part of @windiescricket great history and legacy. He also was a great human being. Condolences goes out to his family. May he Rest In Peace."

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