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 30,2020

Lausanne, Mar 30: The International Olympic Committee (IOC) on Monday announced that the Tokyo Olympics 2020 will be 'celebrated' from July 23 to August 8 next year while the Paralympics Games will be held from August 24 to September 5, 2021.
"The International Olympic Committee (IOC), the International Paralympics Committee (IPC), the Tokyo 2020 organising Committee, the Tokyo Metropolitan Government and the Government of Japan today agreed on new dates for the games of the XXXII Olympiad, in 2021. The Olympic Games Tokyo 2020 will be celebrated from 23 July to 8 August 2021. They also agreed on new dates for the Paralympic Games, which will be celebrated from 24 August until 5 September 2021," the IOC said in a statement.
Earlier, the Tokyo Olympic Games were slated to be held from July 24 to August 9, while the Paralympic Games were scheduled to be held from August 25 to September 6. However, the coronavirus pandemic forced the postponement of the event.
IOC said the new dates are 'exactly one year' after those originally planned, giving the health authorities and all involved in the organisation of the games maximum time to deal with the constantly changing landscape caused by the coronavirus.
"These new dates give the health authorities and all involved in the organisation of the Games the maximum time to deal with the constantly changing landscape and the disruption caused by the COVID-19 pandemic," the statement read.
"The new dates, exactly one year after those originally planned for 2020 (Olympic Games: 24 July to 9 August 2020 and Paralympic Games: 25 August to 6 September 2020), also have the added benefit that any disruption that the postponement will cause to the international sports calendar can be kept to a minimum, in the interests of the athletes and the IFs. Additionally, they will provide sufficient time to finish the qualification process. The same heat mitigation measures as planned for 2020 will be implemented," it added.
The IOC president Thomas Bach thanked all the International Federations (IF) for their support.
"I want to thank the International Federations for their unanimous support and the Continental Associations of National Olympic Committees for the great partnership and their support in the consultation process over the last few days. I would also like to thank the IOC Athletes' Commission, with whom we have been in constant contact," Bach said in a statement.
"With this announcement, I am confident that, working together with the Tokyo 2020 Organising Committee, the Tokyo Metropolitan Government, the Japanese Government, and all our stakeholders, we can master this unprecedented challenge. Humankind currently finds itself in a dark tunnel. These Olympic Games Tokyo 2020 can be a light at the end of this tunnel," he added.
IPC president Andrew Parsons said the new dates will provide certainty to the athletes.
"It is fantastic news that we could find new dates so quickly for the Tokyo 2020 Games. The new dates provide certainty for the athletes, reassurance for the stakeholders and something to look forward to for the whole world. When the Paralympic Games do take place in Tokyo next year, they will be an extra-special display of humanity uniting as one, a global celebration of human resilience and a sensational showcase of sport," Parsons said.
"With the Tokyo 2020 Paralympic Games 512 days away, the priority for all those involved in the Paralympic Movement must be to focus on staying safe with their friends and family during this unprecedented and difficult time," he added.

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News Network
January 7,2020

Indore, Jan 7: With the first T20I being washed out, India and Sri Lanka will now hope that rain gods stay away from the Holkar Stadium when the two teams face each other in the second match of the ongoing three-game series on Tuesday.

Only toss could take place on Sunday at Guwahati`s Barsapara Cricket Ground before rain gods came in and left damp spots on the pitch thus forcing the game to be called off without a ball being bowled.

Hairdryers were used to dry the pitch after water seeped in through leaking covers at the Barsapara Stadium, a sight which is not usually seen in international cricket. And that hasn`t gone down well with the Board of Control for Cricket in India (BCCI) which now awaits chief curator Ashish Bhowmick`s report on the same.

The Men in Blue, who enjoyed a brief break, are coming into the series on the back of T20I series victories against Bangladesh and West Indies respectively and thus would be the more confident side out of the two.

Just like Guwahati, the team management and other Indian cricket fans would focus on comeback man Jasprit Bumrah who is making his return to international cricket. Bumrah has been out of action after India`s tour of the West Indies in July-August due to a stress fracture on his back and thus would be rearing to go and perform for the team.

Dhawan, like Bumrah, was not part of the West Indies series after he hurt his knee during the Syed Mushtaq Ali Trophy. The left-handed opener was not at his absolute best in the T20I series against Bangladesh and faced criticism from several quarters.

While Bumrah will grab more eyeballs during the remaining two matches, the series is also important for left-handed opening batsman Shikhar Dhawan, making a comeback into the team post knee injury.

However, recently, he scored a century in the Ranji Trophy and showed glimpses of returning to form.

In the bowling department, the team management would be checking out how the likes Navdeep Saini and Shardul Thakur react to pressure situations in death overs alongside Bumrah in the absence of frontline speedsters Mohammed Shami Deepak Chahar and Bhuvneshwar Kumar.

Young-off spinner Washington Sundar would like to put up performances to ensure that he gets to be part of the squad travelling to Australia for the World T20 in October.

Shivam Dube would also like to perform better - both with bat and ball - till Hardik Pandya is fully fit and back in action.

Wicketkeeper-batsman Rishabh Pant - like recent times - will once again be watched with careful eyes. Pant knows that he cannot take things lightly and need to perform as Sanju Samson as already warmed the benches for six straight T20Is.

For Sri Lanka, the remaining two matches of the series would be about giving match practice to the likes of Angelo Mathews who is returning to the national side having last played a T20I against South Africa in August 2018

In their last T20I series, Sri Lanka suffered a 0-3 rout in Australia as all their three departments failed to put in a commanding performance.

India and Sri Lanka have faced each other in 17 T20Is, out of which India have won 11 -- joint most for them against all opponents faced in shortest format.

With the three-match series now effectively turning into a two-game affair, both India and Sri Lanka would want to win in Indore to make sure they can`t lose the series. Also, Sri Lanka have never beaten India in a bilateral T20I series, a record which they would desperately like to change in the remaining two games.

Squads:

India: Virat Kohli (c), Shikhar Dhawan, KL Rahul, Shreyas Iyer, Rishabh Pant (wk), Ravindra Jadeja, Shivam Dube, Yuzvendra Chahal, Kuldeep Yadav, Jasprit Bumrah, Navdeep Saini, Shardul Thakur, Manish Pandey, Washington Sundar, Sanju Samson.

Sri Lanka: Lasith Malinga (c), Dhanushka Gunathilaka, Avishka Fernando, Angelo Mathews, Dasun Shanaka, Kusal Perera, Niroshan Dickwella, Dhananjaya De Silva, Isuru Udana, Bhanuka Rajapaksa, Oshada Fernando, Wanindu Hasaranga, Lahiru Kumara, Kusal Mendis, Lakshan Sandakan, Kasun Rajitha.

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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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