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
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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Agencies
July 21,2020

New Delhi, Jul 21: With the T20 World Cup's postponement clearing the decks for a full-fledged IPL, the glitzy event's Governing Council will meet in a week or 10 days' time to plan its next course of action, eyeing UAE as the host this year.

An IPL between September and early November has been made possible by the ICC's decision on Monday to postpone the T20 World Cup in Australia, scheduled for October-November, due to the COVID-19 pandemic.

"The IPL GC will meet within a week or 10 days and all decisions (including final schedule) will be taken there. As of now, the plan is to have a full fledged IPL comprising 60 games and most likely in the UAE," Patel told PTI.

Asked about the main challenges in conducting the event in current scenario, Patel added: "Just the operational side of it. Whether you do it here or outside, it doesn't matter (with no crowds)."

The franchisees had already been working on their plans for the IPL even before the ICC announcement.

With majority of the Indian players not having access to grounds amid the pandemic, teams will need at least three to four weeks to get them match ready.

Foreign players will fly in directly to the UAE from their respective countries.

"Our players will need at least three to four weeks of training, if not more. We will finalise all our plans once the BCCI announces the dates. It looks like the IPL will be in the UAE and we are ready for that," a team owner told PTI.

Since India tour Australia for a four-Test series right after the IPL, training of the Test players is also an important issue.

Test specialists like Cheteshwar Pujara and Hanuma Vihari, who are not part of the IPL, are likely to train for the eagerly-awaited series in a bio-secure environment at the newly-renovated Motera Stadium in Ahmedabad during the time of the IPL.

A few fringe players are expected to join them at Motera along with the Indian team's support staff, which is free during the IPL.

Work from home has become the norm amid the pandemic, therefore, there is a possibility that IPL commentary will happen from the comfort of the living room, a safer and cost effective-option considering the likes of Sunil Gavaskar, who is 71, are involved.

The viewership is expected to be a record one with people craving for live cricket, something KXIP co-owner Ness Wadia has said.

However, it remains to be seen how much the broadcasters and teams are able to attract from the sponsors in the current financial climate.

More moot points and questions ahead of the IPL GC meeting:

1) More double headers expected (original schedule had only five double headers).

2) BCCI will need to provide a Standard Operating Procedure to IPL teams even though they will have their own SOPs in place.

3) Will the BCCI compensate teams for not being able to generate gate money this year?

4) Will there be virtual commentary from Star Sports? It was seen in the recent 3TC event in South Africa with the likes of Aakash Chopra, Deep Dasgupta and Irfan Pathan commentating from home.

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News Network
July 14,2020

New Delhi, Jul 14: Indian bowler Bhuvneshwar Kumar, who features in the list of A category players released by BCCI, has revealed his first-ever paycheck.

Bhuvneshwar was participating in a question and answer session on Twitter where he gave his take on fans' queries.

The 30-year-old bowler was asked about his first paycheck by a fan and Bhuvneshwar responded by saying, "It was for Rs 3000. I shopped and still managed to saved some."

During the question and answer session Bhuvneshwar picked Barcelona striker Lionel Messi over Juventus star Cristiano Ronaldo.

The right-arm bowler also revealed that football and badminton are his favourite sports other than cricket.

Earlier this year, Bhuvneshwar was named in the list A category of players. BCCI had released the list of centrally contracted players for the period from October 2019 to September 2020. Annually, A category players get Rs 5 crore.

The right-arm bowler would have been in action for Sunrisers Hyderabad if the Indian Premier League (IPL) had commenced from March 29. However, the tournament was postponed indefinitely due to the coronavirus pandemic.

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