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
January 18,2020

Hobart, Jan 18: In a dream start to her second innings after a two-year break, Sania Mirza lifted the WTA Hobart International trophy with partner Nadiia Kichenok after edging out Shaui Peng and Shuai Zhang in the final, here on Saturday.

The unseeded Indo-Ukrainian pair pipped the second seed Chinese team 6-4, 6-4 in one hour 21 minutes.

Playing her first tournament after giving birth to son Izhaan, the 33-year-old Sania has begun well in the Olympic year as she warmed up for the Australian Open in style.

It is Sania's 42nd WTA doubles title and first since Brisbane International trophy in 2007 with American partner Bethanie Mattek-Sands.

Sania did not compete on the WTA circuit in the entire 2018 and 2019 seasons to start a family with Pakistani cricketer husband Shoaib Malik.

Sania and Nadiia began by breaking the Chinese players in the very first game of the match but only to drop serve in the next.

The two pairs played close games towards the end and at 4-4, 40-all, Sania and Nadiia got the crucial break, earning the opportunity to serve out the set.

There was no twist in 10th game with Sania and Nadiia comfortably pocketing the first set.

The second set could not have started better for them as they broke the Chinese rivals to take early lead and consolidated the break with an easy hold.

The game of the Chinese was falling apart as they dropped serve again in the third but broke back immediately to repair some damage.

Sania and Nadiia were now feeling the heat at 0-30 in the sixth game but Peng and Zhang let them hold serve for a 4-2 lead. The Chinese though kept fighting and made it 4-4 with another break in the eighth game.

The Indo-Ukraine team raised its game when it mattered as it broke Peng and Zhang for one final time in the ninth and served out the match in the next game.

Sania and Nadiia split USD 13580 as prize money and eared 280 ranking points each for their winning effort.

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News Network
June 13,2020

New Delhi, Jun 13: Five centrally contracted Indian cricketers including Cheteshwar Pujara, Ravindra Jadeja and KL Rahul have been issued notices by National Anti-Doping Agency (NADA) for failing to disclose their whereabouts as the BCCI cited "password glitch" as the reason for delay.

The other players to have received the notice include women stars Smriti Mandhana and Deepti Sharma, who are among the five cricketers in the 110 strong National Registered Testing Pool (NRTP). Speaking to PTI, NADA DG Navin Agarwal confirmed that BCCI has sent an official explanation for their five NRTP players' failure to submit whereabouts.

"There are two ways to fill up the whereabouts form in the ADAMS (Anti Doping Administration & Management Systems) software. Either athlete does it himself or association fills it up on his or her behalf," Agarwal said. "Now athletes in some discipline aren't educated enough or do not have access to internet and find themselves unable to handle the whereabouts clause of the ADAMS or upload the filled up

"They use assistance of their concerned federations. So federations have accepted responsibility of uploading their whereabouts," Agarwal said.

He said cricketers too at times find it tough to complete the process on their own. "Similarly in cricket also, although these people are well qualified and they can do it, perhaps they don't have the time for whatever reasons, so the federation concerned, the BCCI has taken upon itself the responsibility of uploading their whereabouts." So why didnt BCCI upload the the three-month whereabouts this time?

"Well they have given an explanation which appears to be reasonable but a decision will be taken. They have said that there has been a glitch with regards to password in ADAMS. Now they have said that issue has been resolved," Agarwal added. NADA DG added that "BCCI's explanation will be discussed as to whether it will be counted as one of three filing failures or not. It will be decided on the explanation given and how they (BCCI) proceed from here."

While country has been under lockdown, the rule to submit three months of whereabouts is mandatory. Three such failures to disclose leads to one Anti Doping Rule Violation (ADRV), which could lead up to two years of suspension upon hearing.

While BCCI has "officially gagged" its employees from talking to the media, it couldn't be ascertained that why as normal a glitch as a password error took days to resolve. A BCCI veteran, who has been privy to cricket operations, asked why the five cricketers were not told to upload the form themselves.

"This was lockdown period where they are not living out of suitcases. Some of the names have also engaged in multiple instagram chats and podcasts which their agents are managing," he said.

"If cricket operations team were having a glitch in fixing password, well the five cricketers could have been asked to do so and they would have done it individually with some guidance. "Probably NADA would be lenient this time but if it becomes an official warning, then who's responsible," he added.

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News Network
January 31,2020

Wellington, Jan 31: A nervous New Zealand threw it away yet again as a perseverant India prevailed in the Super Over for the second successive time to take a 4-0 lead in the T20 International series on Friday.

Needing just 11 runs off the last two overs with seven wickets in hand, New Zealand dug a hole for themselves yet again, taking the game to a Super Over two nights after doing the same in Hamilton.

New Zealand managed 13 runs in six balls and India got there effortlessly.

KL Rahul smashed 10 runs off the first two balls before he was caught. Then, a fired-up Virat Kohli and Sanju Samson finished the game in style.

Earlier, Manish Pandey proved his value to the team with an unbeaten 50 off 35 balls, taking India to 165 for eight from 88 for six in the 12th over.

India's total wasn't enough considering the batting-friendly conditions but the hosts made life a lot tougher for themselves from a commanding position before succumbing to pressure.

The entertaining knocks from Colin Munro (64 off 47) and Time Seifert went in vain (57 off 39).

Mohammed Shami, who was rested on Friday, had bowled a brilliant 20th over on Wednesday and man of the match Shardul Thakur was up to the task this time, conceding just six runs when the opposition needed seven for victory.

With the series already in the bag, India gave opportunity to Sanju Samson, Washington Sundar and Navdeep Saini for the first time in the five-match series, resting Rohit Sharma, Ravindra Jadeja and Shami. However, none of them was able to make an impact in the game.

Chasing 165, New Zealand lost Martin Guptill early. But Munro and Seifert put on 74 runs for the second wicket to put themselves on track.

Munro scored a half-century of 38 deliveries, inclusive of six fours and three sixes. He was out against the run of play as Kohli's direct hit surprisingly found the target after a relay throw from the deep.

It was the turning point as New Zealand lost regular wickets. Yuzvendra Chahal bowled Tom Bruce (0), but Seifert found a partner in Ross Taylor as they pushed the score past 150 in the 18th over.

Seifert scored a half-century off 32 balls, including four fours and three sixes. But the great choke was yet to come again. Needing 18 off 18, the Black Caps lost four wickets in the last over bowled by Thakur.

Taylor holed out of the first ball, while Seifert was run out two balls later. Daryl Mitchell (4) was caught next and Mitchell Santner (2) couldn't steal two runs off the last ball as the sides engaged in a tie-breaker for the second game running.

This was after New Zealand won a fourth consecutive toss and opted to field. Kane Williamson didn't take part in the match owing to a shoulder niggle.

Tim Southee was the stand-in skipper, with the Black Caps making two changes.

Put in to bat, the visitors were struggling at 88-6 at one stage before Pandey's lonesome rescue act took them to a respectable total. KL Rahul contributed 39 runs off 26 balls, inclusive of three sixes and two fours.

Leg spinner Ish Sodhi got into the act and ran through India's batting order. First to go was Shreyas Iyer (1) and then Shivam Dube (12) was caught at mid-wicket.

Sodhi finished with 3-26 while Santner dismissed Sundar for nought as the New Zealand spinners rounded up a good outing with 4-54 in eight overs.

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