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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Agencies
May 17,2020

Berlin, May 17: Top-flight football in Germany kicked off again on the weekend, becoming the first major sports league in the world to resume play, as parts of Europe took more tentative steps towards normality after the devastation unleashed by the coronavirus pandemic.

With the worldwide death toll past 310,000 and the global economy reeling from the vast damage caused by lockdowns, the reopenings in some of the hardest-hit countries provided much-needed relief from the pandemic.

The French returned to the beach and Italy announced a resumption of European tourism with outbreaks in Europe slowing, but the rising number of fatalities in the United States and Brazil were a grim reminder of the scale of the crisis, with more than 4.6 million infections reported globally.

With governments trying to reopen their economies while avoiding the second wave of infections that could necessitate more lockdowns, Germany's Bundesliga resumed its season on Saturday with games played in vacant, echoing stadiums.

League heavyweights Borussia Dortmund hosted rivals Schalke at the all-but-empty Signal Iduna Park -- which would usually be packed with more than 80,000 raucous fans.

"It's sad that matches are played in empty stadiums, but it's better than nothing," said 45-year-old Borussia Dortmund fan Marco Perz, beer in hand, as he prepared to watch the game on TV.

Dortmund's Erling Braut Haaland became the first player to score a goal after the two-month shutdown and celebrated by dancing alone -- away from his applauding teammates -- in keeping with the strict hygiene guidelines which allowed the league to resume.

The only noise was the cheering and clapping of players and coaches.

League champions Bayern Munich will play Union Berlin in the capital on Sunday, with the resumption in Germany seen as a test case as other top sports competitions try to find ways to resume play without increasing health risks.

"The whole world will be looking at Germany, to see how we get it done," said Bayern boss Hansi Flick.

Prime Minister Giuseppe Conte of Italy, however, said Saturday he needed more guarantees before the government can give the green light for the resumption of its top football league, which is struggling with logistical difficulties as clubs try to arrange training sessions and quarantine facilities.

With the Northern Hemisphere's summer approaching, authorities are moving to help tourism industries salvage something from the wreckage.

Italy, for a long stretch the world's worst-hit country, announced that European Union tourists would be allowed to visit from June 3 and a 14-day mandatory quarantine would be scrapped.

"We're facing a calculated risk in the knowledge that the contagion curve may rise again," Conte said during a televised address.

"We have to accept it otherwise we will never be able to start up again."

In France, the first weekend after the strictest measures were lifted saw many ventures out into the spring sunshine -- and hit the beach.

In the Riviera city of Nice, keen swimmers jumped into the surf at daybreak.

"We were impatient because we swim here all year round," said retiree Gilles, who declined to give his full name.

With the threat of a second wave of infections on their minds, authorities in many countries have asked people not to throng public spaces like beaches as they are made accessible again.

Officials in parts of England on Saturday warned people to stay away from newly reopened beauty spots and avoid overcrowding.

Germany also saw the latest in a growing wave of anti-lockdown protests in many parts of the world, with rallies in major cities bringing together conspiracy theorists, anti-vaccine activists and other extremists.

There were similar protests in France, Switzerland and Poland.

Since emerging in China late last year, the coronavirus has whipped up a catastrophic economic storm, which has left tens of millions unemployed in the United States and many are wondering when a recovery will be possible.

With more than 88,000 deaths and 1.47 million confirmed coronavirus cases, the United States is the worst-hit country on the planet, and the administration of President Donald Trump has faced intense criticism of the way it has handled the crisis.

Former president Barack Obama took a swipe at the response to the pandemic, telling graduates at a virtual commencement ceremony that many leaders today "aren't even pretending to be in charge" -- a remark widely regarded as a rare rebuke of his successor.

Trump is keen to reopen the US economy -- the world's largest -- despite warnings from experts that infections could flare up again if social distancing measures are eased too quickly.

Forty-eight of the 50 US states have now eased lockdown rules to some extent.

Much like Trump and his political allies, Brazil's far-right President Jair Bolsonaro is also keen to end lockdowns, which he claims have unnecessarily damaged the South American nation's economy over a disease he has dismissed as "a little flu".

But the virus has continued its deadly march in Brazil, where the death toll passed 15,000 on Saturday and it became the country with the fourth-largest coronavirus caseload with 230,000 infections.

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News Network
June 18,2020

Jun 18: Sri Lanka "sold" the 2011 World Cup final to India, the country's former sports minister said on Thursday, reviving one of cricket's most explosive match-fixing controversies. Mahindananda Aluthgamage, who was sports minister at the time, is the second senior figure to allege the final was fixed, after 1996 World Cup-winning skipper Arjuna Ranatunga. "I tell you today that we sold the 2011 World Cup finals," Aluthgamage told Sirasa TV. "Even when I was sports minister I believed this."

Aluthgamage, sports minister from 2010 to 2015 and now state minister for renewable energy and power, said he "did not want to disclose" the plot at the time.

"In 2011, we were to win, but we sold the match. I feel I can talk about it now. I am not connecting players, but some sections were involved," he said.

Sri Lanka lost the match at Mumbai's Wankhede stadium by six wickets. Indian players have strongly denied any wrongdoing.

Ranatunga, who was at the stadium as a commentator, has previously called for an investigation into the defeat.

"When we lost, I was distressed and I had a doubt," he said in July 2017. "We must investigate what happened to Sri Lanka at the 2011 World Cup final."

"I cannot reveal everything now, but one day I will. There must be an inquiry," added Ranatunga, who said players could not hide the "dirt".

Sri Lanka batted first and scored 274-6 off 50 overs. They appeared in a commanding position when Indian superstar Sachin Tendulkar was out for 18.

But India turned the game dramatically, thanks partly to poor fielding and bowling by Sri Lanka, who were led by Kumar Sangakkara.

Sri Lankan cricket has regularly been involved in corruption controversies, including claims of match-fixing ahead of a 2018 Test against England.

Earlier this month, the Sri Lankan cricket board said the International Cricket Council was investigating three unnamed former players over alleged corruption.

Sri Lanka introduced tough penalties for match-fixing and tightened sports betting restrictions in November in a bid to stamp out graft.

Another former sports minister, Harin Fernando, has said Sri Lankan cricket was riddled with graft "from top to bottom", and that the ICC considered Sri Lanka one of the world's most corrupt nations.

Former Sri Lankan fast bowler Dilhara Lokuhettige was suspended in 2018 for corruption relating to a limited-overs league.

He was the third Sri Lankan charged under the ICC anti-corruption code, following former captain and ex-chief selector Sanath Jayasuriya, and former paceman Nuwan Zoysa.

Jayasuriya was found guilty of failing to cooperate with a match-fixing probe and banned for two years. Zoysa was suspended for match-fixing.

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News Network
May 13,2020

May 13: With the Olympics postponed due to the coronavirus, top Japanese fencer Ryo Miyake has swapped his metal mask and foil for a bike and backpack as a Tokyo UberEats deliveryman.

The 29-year-old, who won silver in the team foil at the 2012 London Olympics and was itching to compete in a home Games, says the job keeps him in shape physically and mentally -- and brings in much-needed cash.

"I started this for two reasons -- to save money for travelling (to future competitions) and to keep myself in physical shape," he told AFP.

"I see how much I am earning on the phone, but the number is not just money for me. It's a score to keep me going."

Japanese media have depicted Miyake as a poor amateur struggling to make ends meet but he himself asked for his three corporate sponsorships to be put on hold -- even if that means living off savings.

Like most of the world's top athletes, he is in limbo as the virus forces competitions to be cancelled and plays havoc with training schedules.

"I don't know when I can resume training or when the next tournament will take place. I don't even know if I can keep up my mental condition or motivation for another year," he said.

"No one knows how the qualification process will go. Pretending everything is OK for the competition is simply irresponsible."

In the meantime, he is happy criss-crossing the vast Japanese capital with bike and smartphone, joining a growing legion of Uber delivery staff in demand during the pandemic.

"When I get orders in the hilly Akasaka, Roppongi (downtown) district, it becomes good training," he smiles.

The unprecedented postponement of the Olympics hit Miyake hard, as he was enjoying a purple patch in his career.

After missing out on the Rio 2016 Olympics, Miyake came 13th in last year's World Fencing Championships -- the highest-ranked Japanese fencer at the competition.

The International Olympics Committee has set the new date for the Olympics on July 23, 2021.

But with no vaccine available for the coronavirus that has killed nearly 300,000 worldwide, even that hangs in the balance.

Miyake said the Japanese fencing team heard about the postponement the day after arriving in the United States for one of the final Olympic qualifying events.

With his diary suddenly free of training and competition, he said he spent the month of April agonising over what to do before hitting on the Uber idea.

"Sports and culture inevitably come second when people have to survive a crisis," he said.

"Is the Olympics really needed in the first place? Then what do I live for if not for the sport? That is what I kept thinking."

However, the new and temporary career delivering food in Tokyo has given the fencer a new drive to succeed.

"The most immediate objective for me is to be able to start training smoothly" once the emergency is lifted, he said.

"I need to be ready physically and financially for the moment. That is my biggest mission now."

But not all athletes may cope mentally with surviving another "nerve-wracking" pre-Olympic year, he said.

"It's like finally getting to the end of a 42-kilometre marathon and then being told you have to keep going."

As a child, Miyake practised his attacks on every wall of his house -- and he said his passion for the sport was what was driving him now.

"I love fencing. I want to be able to travel for matches and compete in the Olympics. That is the only reason I am doing this."

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