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
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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News Network
March 5,2020

Mumbai, Mar 5: Former India spinner Sunil Joshi was on Wednesday named chairman of the national selection panel by the BCCI's Cricket Advisory Committee (CAC), which also picked ex-pacer Harvinder Singh to the five-member group.

The CAC, comprising Madan Lal, R P Singh and Sulakshana Naik, picked the two selectors with Joshi replacing South Zone representative MSK Prasad.

In an unprecedented decision, the BCCI said the CAC will review the panel's performance after one year and make recommendations accordingly.

"The committee recommended Sunil Joshi for the role of chairman of the senior men's selection committee. The CAC will review the candidates after a one-year period and make the recommendations to the BCCI," read a statement from BCCI Secretary Jay Shah.

Harvinder was chosen from central zone and replaces Gagan Khoda in the panel.

The existing members of the selection panel are Jatain Paranjpe, Devang Gandhi and Sarandeep Singh.

"We have picked the best guys for the job," Lal told news agency.

The CAC had shortlisted five candidates for interviews -- Joshi, Harvinder, Venkatesh Prasad, Rajesh Chauhan and L S Sivaramakrishnan -- from a list of 40 applicants.

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News Network
March 5,2020

New Delhi, Mar 5: Cricket's slow geographical expansion is turning out to be a blessing in disguise for the cash-rich Indian Premier League (IPL) which looks set to beat the dreaded novel coronavirus threat and go ahead as scheduled.

At a time when the number of recorded deaths because of the deadly outbreak across the globe is touching 3500 with a plethora of international sporting events getting cancelled, the IPL seems to be in a parallel universe where "all is well".

And there are multiple practical reasons why the T20 extravaganza will be held as per schedule. A major reason is the small number of countries that play the game and an even smaller fraction of overseas players, who will compete in the world's richest cricket league starting March 29 in Mumbai.

Till Thursday, the reported number of positive COVID-19 cases in India stood at 29, including 16 Italian tourists. However, none of the overseas recruits of eight IPL franchises have expressed any apprehensions about travelling to India.

Just over 60 players from cricket nations such as Australia, England, New Zealand, South Africa and the Caribbean islands comprise the elite foreign brigade and the reported positive cases of coronavirus in all these countries is next to none.

"The IOC is saying Olympics in Tokyo will be held as per schedule. In comparison, IPL is a minuscule tournament. If Olympics can be held, there's no reason why IPL can't be held," a BCCI official told PTI on conditions of anonymity.

STAR SPORTS FACTOR

The second and perhaps the biggest reason is broadcasters. Star Sports has bought the rights for Rs 16,347 crore (USD 2.55 billion) for a period of five years and their advertising revenues will take a huge hit if the tournament doesnt go ahead as planned. Former Delhi Daredevils CEO Hemant Dua explained the economics. "Look Star as well as BCCI has got everything insured. I don't know if there is any specific insurance cover for cancellation due to coronavirus but there is no chance of that happening if I read the situation properly," Dua told PTI.

GOVERNMENT GUIDELINES

The BCCI is also depending on the guidelines given by the government with regards to dealing with the health crisis.  "Every person availing international flights will be screened for coronavirus at the port of entry. That is the biggest health security measure. Obviously the BCCI will strictly adhere to any health advisory that government will issue," a Board official said.

But since there is an advisory that social gatherings are inadvisable at this point, won't it affect the league? "You will only come to know once the ticket sales start. If the stadiums are packed, that means people are coming but if stands are largely empty, then you can presume that people are wary.

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