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Deccan Chargers' termination to stand

Nagraj Gollapudi

October 13, 2012

Comments: 8 | Text size: A | A

Shikhar Dhawan loses his off bail to Zaheer Khan, Deccan Chargers v Royal Challengers Bangalore, IPL, Hyderabad, May 20, 2012
The Deccan Chargers' last resort will be to lodge appeal against their termination in the Supreme Court of India © AFP
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Deccan Chargers's hopes of returning to the IPL received another blow after the Bombay High Court, on Saturday, overruled the arbitrator's ruling that the BCCI termination be stayed. On Friday, the franchise owners had failed to meet the deadline stipulated to raise the Rs 100-crore bank guarantee ($19 million), a condition set by the court to keep the Chargers alive in the IPL, thereby reviving the BCCI's original termination order. However, in a countermove, the Chargers immediately approached CK Thakkar, the court-appointed arbitrator, who put a stay on the termination order passed by the High Court.

In the ensuing legal thrust and parry, the BCCI filed for an "urgent" hearing challenging Thakkar's ruling today in the High Court. "We moved an urgent appeal in front of the Bombay High Court this morning against the learned arbitrator's ruling, because we felt it was not within his jurisdiction as he is not a superior tribunal to the learned judge of the High Court," a BCCI official told ESPNcricinfo. Thakkar, a retired Supreme Court judge, had been appointed by the High Court to determine the legitimacy of the grounds of the Chargers' original termination.

It is understood the judge, Justice RD Dhanuka, ruled in favour of the original termination. "The judge passed an order staying the order passed by the learned arbitrator on the ground that it was a self-operating order of the High Court, and on the eventuality of the bank guarantee not operating, the termination will take effect. The result of that is, now, the termination has already taken effect," the board official said.

The only avenue left open to the Chargers now is to file an appeal in the Supreme Court, challenging the High Court's order.

Meanwhile, in its first formal response on the development, the BCCI welcomed the move of the Hight Court. "The termination of Deccan Chargers franchise was challenged in the Hon'ble Bombay High Court by the DCHL pending the arbitration. A Conditional Order of stay was granted by the Hon'ble High Court pending arbitration on 1st October 2012. The condition to give BCCI a Bank Guarantee of a Nationalised Bank for Rs 100 Crores by 5 pm on 12.10.2012 to cover expenses of IPL 6, was breached by DCHL.

Notwithstanding the Hon'ble High Court's refusal to extend time to DCHL, the Learned Arbitrator passed the Order of Status quo last evening (12.10.2012). BCCI moved an appeal against the Order of Arbitrator and the same was heard this morning. The Hon'ble High Court was pleased to stay the Order of Arbitrator after hearing both the parties. Thus, the termination of DC Franchise stands," Sanjay Jagdale, the BCCI secretary, said in a media release.

After the Chargers' owners had dragged the issue into the court, the BCCI had to put off floating a tender for a new franchise(s). However, now the BCCI is free to invite bidders for a new franchise, but it is understood the board does not want to take a step in haste and would instead like to see the Chargers' issue end completely before they make their next move.

Nagraj Gollapudi is an assistant editor at ESPNcricinfo

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Posted by AMRules on (October 15, 2012, 0:53 GMT)

With no hyderabad...IPL is boring....will miss you DC :)

Posted by   on (October 14, 2012, 5:25 GMT)

searching cricket in ipl is mad thing...

Posted by   on (October 14, 2012, 3:25 GMT)

Good new, bore to watch deccan chargers team.. even if it is in fixtures it wont win....

Posted by hemanth.reddy on (October 13, 2012, 15:22 GMT)

as a true fan of deccan charger i hope for the stay of deccan charger to stay in the ipl.

Posted by TNAmarkFromIndia on (October 13, 2012, 15:20 GMT)

Please sell the Deccan Chargers players for the other teams to buy in the auction. Bring in two new franchises in 2014 when there will be a fresh auction again.

Posted by abhi587 on (October 13, 2012, 14:46 GMT)

Its better to be out of tournament rather than losing each and every match participating. I like to give credit to HYD Fans who persisted with their team despite the never ending losing streak.

Posted by Cpt.Meanster on (October 13, 2012, 13:07 GMT)

At this point it's pure sports business. The Chargers are not a viable team in terms of profitability. I guess the ultimate outcome will be a sale of the team over to another city in India. I guess Ahmedabad is the most likely venue. From what I have been hearing around local circles, that's the case.

Posted by   on (October 13, 2012, 12:52 GMT)

Its all about MONEY ... where's cricket ?

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