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 26,2020

New Delhi, Mar 26: As India continues its fight against coronavirus, the Board of Control for Cricket in India (BCCI) President Sourav Ganguly pledged to donate rice worth Rs 50 Lakhs to the needy people.
The Cricket Association of Bengal (CAB), in its statement, said Ganguly along with Lal Baba Rice will provide rice to people who have been put in government schools for safety and security.
"#Sourav to provide Free Rice to the Needy It is heartening to note that Sourav Ganguly along with Lal Baba Rice has come forward to provide free rice worth Rs 50 lacs to the needy people who have been put in government schools for safety and security. Hope this initiative of Ganguly would encourage other citizens of the state to take up similar initiatives to serve the people of our state. #CAB," CAB said in a statement.
CAB President Avishek Dalmiya has also lent support to the needy people as he donated Rs 5 lakhs to the Government's Emergency Relief Fund.
"CAB President donates 5 lakhs to the Government's Emergency Relief Fund to fight against #CoronaVirus/#Covid19," CAB said in a statement.
Prime Minister Narendra Modi on Tuesday announced a 21-day nation-wide lockdown to contain coronavirus.

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Agencies
January 16,2020

Rajkot, Jan 16: Skipper Virat Kohli is set to be back at his regular number three position after the strategy of coming two-down boomeranged in the lung-opener as India take on a resolute Australia in the must-win second ODI here on Friday.

India go into the game 0-1 down after Australia registered a 10-wicket win in the lung-opener at Mumbai, courtesy David Warner and Aaron Finch, who hit unbeaten hundreds.

In a bid to field all three in-form players -- Rohit Sharma, Shikhar Dhawan and KL Rahul --, Kohli dropped himself down the order but the plan backfired spectacularly as he was unable to convert his start.

Opener Dhawan later said he was ready to bat at number three if asked to by the team management, but since Kohli has been successful at that position, the skipper would be more than willing to walk in one-down.

Kohli batting at three also provides stability to the middle-order.

With a concussed Rishabh Pant out of the second game, Rahul is a certainty as he will keep wickets.

So, like in the last game, Rohit and Dhawan, who made a dogged 74 off 91 balls in Wankhede, could open, and there could be a toss-up between Rahul and young Shreyas Iyer at number four. Iyer had a rare failure on Tuesday.

Pant's absence could pave the way for the inclusion of Karnataka batsman Manish Pandey, who made optimum use of the opportunity that he got in the third T20 against Sri Lanka in Pune.

It would also be interesting to see which among the experienced Kedar Jadhav and rookie Shivam Dube makes the squad.

Rohit, who had a phenomenal 2019, failed in the first game, but given the form he is in, the opener is expected to bounce back strongly here.

Ditto for Kohli, who is just one hundred short of equalling cricket icon Sachin Tendulkar's record of most hundreds on home soil for India.

The bowlers led by Jasprit Bumrah had a forgettable outing at the Wankhede and they would be more than eager to make a strong comeback and prove their mettle.

Bumrah, since his comeback, has not been as effective as earlier and he would like to change the perception.

It would be interesting to see whether India play Delhi speedster Navdeep Saini or persist with Shardul Thakur, who gave away 43 runs in Mumbai.

Ravindra Jadeja looks a certainty and so the choice would be between chinaman Kuldeep Yadav, who conceded 55 runs in the first ODI and Yuzvendra Chahal as the lead spinner.

On the other hand, a high on confidence Australia will be looking to seal the issue to register back to back series wins in India, a rare feat for any visiting team. The Finch-Warner combination will look forward to carry the momentum.

Their middle-order comprising the experienced Steve Smith, in-form Marnus Labuschange, Ashton Turner and Alex Carey looks more or less settled.

If all of them fire in unison, along with the openers, then it will hard for the opposition bowlers.

However, it will be quite a test of their middle-order at the Saurashtra Cricket Association stadium.

Australian bowlers also showed at the Wankhede, why they are considered among the best.

Led by pace spearhead Mitchell Starc, they bundled out India for a sub-par 255 and Mitchell Starc and Pat Cummins would be raring to go once again.

Spinners Adam Zampa and Ashton Agar, not only contained the runs, but provided crucial breakthroughs and are expected to play a similar role again in the middle overs.

The track here is expected to be a belter and India can draw confidence from the home series against New Zealand in 2017, when they won 2-1 after losing the opener, co-incidentally in Mumbai.

Squads:

India: Virat Kohli (Captain), Rohit Sharma, Shikhar Dhawan, K L Rahul (wicketkeeper), Shreyas Iyer, Manish Pandey, Kedar Jadhav, Shivam Dube, Ravindra Jadeja, Yuzvendra Chahal, Kuldeep Yadav, Navdeep Saini, Jasprit Bumrah, Shardul Thakur and Mohammed Shami.

Australia: Aaron Finch (Captain), Alex Carey (Wicket-keeper), Patrick Cummins, Sean Abbott, Ashton Agar, Peter Handscomb, Josh Hazlewood, Marnus Labuschange, Kane Richardson, Steve Smith, Mitchell Starc, Ashton Turner, David Warner and Adam Zampa.

Match starts at 1.30.

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News Network
February 16,2020

Feb 16: Mayank Agarwal finally found some form going his way and Rishabh Pant mixed caution with his customary aggression as India's warm-up fixture against New Zealand XI ended in a draw in Hamilton on Sunday. The match was called off an hour after lunch with India reaching 252 for four just 48 overs into their second innings. Agarwal, who had gone through a wretched period since the second Test against Bangladesh, retired on 81 off 99 balls with 10 fours and three sixes to his name. To the relief of the Indian team management, Pant played in his customary manner to reach 70 off 65 balls, but also showed discretion when the opposition bowlers were in the midst of a good spell.

There were four sixes -- two each off leg-spinner Ish Sodhi and off-spinner Henry Cooper. While Sodhi was hit down the ground, Cooper was dispatched over extra cover on a couple of occasions.

He didn't curb his aggression though; there were times when he was ready defend against the spinners and also leave some of the deliveries that the Kiwi pacers bowled.

Even though Pant is easily the better batsman compared to his senior Wriddhiman Saha, the innings might have come too late in the day considering that the latter is a better keeper and possibly a more responsible batsman in pressure situations.

The biggest positive to have emerged from the second innings is Agarwal's poor run coming to an end.

The Seddon Park track easing out was definitely a factor but Agarwal's footwork was more assured as he played some glorious on-drives and pull-shots off fast bowlers.

Before this game, Agarwal had played 10 competitive games including first-class, ODIs and List A matches and couldn't cross the 40-run mark in 11 completed innings.

He even bagged a pair against New Zealand A in an unofficial Test match. Once he had got his form back, he didn't come out to bat after lunch giving Saha an opportunity to score an unbeaten 30, his runs coming mostly against non-regular bowlers.

The Agarwal-Pant pair added 100 runs in 14.3 overs and it also helped that part-timers like Cooper was introduced into the action. In the morning, Prithvi Shaw (39 off 31 balls) was bowled through the gate by Daryl Mitchell as the batsman left a gaping hole between his bat and pad.

Shaw, though, seemed to have done enough during his brisk 72-run stand with Agarwal, which could put an end to the debate around the opening slot even though the tracks in Wellington and Christchurch could be a test of technique for the flamboyant Mumbaikar.

It was a match that Shubman Gill would perhaps like to forget in a hurry as he was dismissed cheaply for the second time in a row. He scored 8 before Daryl Mitchell trapped him leg before.

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