Supreme Court - Daily Orders
Cricket Association Of Bihar A Society ... vs The Board Of Control For Cricket In India ... on 5 October, 2015
Bench: T.S. Thakur, Fakkir Mohamed Ibrahim Kalifulla
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
INTERLOCUTORY APPLICATION NO.4 OF 2015
INTERLOCUTORY APPLICATION NO.5 OF 2015
INTERLOCUTORY APPLICATION NO.6 OF 2015
INTERLOCUTORY APPLICATION NO.7 OF 2015
INTERLOCUTORY APPLICATION NO.8 OF 2015
INTERLOCUTORY APPLICATION NO.9 OF 2015
INTERLOCUTORY APPLICATION NO.10 OF 2015
IN
CIVIL APPEAL NO(S). 1155 OF 2015
CRICKET ASSOCIATION OF BIHAR Appellant(s)
VERSUS
THE BOARD OF CONTROL FOR CRICKET
IN INDIA & ANR. Respondent(s)
O R D E R
INTERLOCUTORY APPLICATION No.7/2015 Signature Not Verified Digitally signed by Vinod Kumar Date: 2015.10.08 10:25:39 IST Reason: This application is filed by the Board of Control for Cricket in India (for short 'the BCCI') 2 seeking permission to amend I.A. No.4 so as to correct certain mistakes committed in the averments made in the said application. M/s. Kapil Sibal and C.S. Vaidyanathan, learned senior counsel appearing for the applicants have no objection to the prayer for amendment being allowed. We accordingly allow I.A. No.7/2015 and permit the corrections to be made.
INTERLOCUTORY APPLICATION No.8/2015 This application has been filed by Mr. N. Srinivasan, Vice Chairman-cum-Managing Director of India Cement for a direction to prosecute the deponents in the affidavits supporting I.A. No.4/2015 for making certain factually incorrect statements in the said application. Mr. Kapil Sibal, learned senior counsel submits that he has instructions to withdraw this application. The same is, therefore, dismissed as withdrawn. INTERLOCUTORY APPLICATION No.10/2015 In this application filed by Mr. N. 3 Srinivasan, the applicant has sought permission to make certain amendments in I.A. No.8/2015. Although I.A. No.8/2015 already stands withdrawn, as indicated above, the amendment prayed for is permitted to put the record straight. I.A. No.10/2015 is accordingly allowed and disposed of. INTERLOCUTORY APPLICATION Nos.4, 5 and 9/2015 We are now left with I.A Nos. 4, 5 and 9. In I.A. No. 4, the BCCI-applicant has prayed for the following reliefs:
“a) Clarify the judgment and order dated 22.01.2015, of this Hon'ble Court to the effect that until and unless the ownership and control of the CSK franchise is transferred from India Cements Limited at a fair and realistic value, which including its brand value is in the region of Rs.1140 crores, and not at the illusory value of Rs.7.83 crores, and India Cements Ltd and all its personnel including Shareholders divest any interest in the CSK Franchisee directly or indirectly, the conflict of interest of Mr. N. Srinivasan still continues, rendering him ineligible to attend any Working Committee meeting or AGM and to hold any position in the Applicant Board 4 as an “Administrator” and/or take part in any deliberations of the applicant Board in any capacity;
OR, IN THE ALTERNATIVE Direct the Committee headed by Justice R.M. Lodha to decide, after hearing Mr. N. Srinivasan and the BCCI, whether in the facts of the case Mr. N. Srinivasan continues to be subject to the disqualifications arising out his conflict of interest.
b) Pass any other order(s) as this Hon'ble Court may deem fit under the circumstances of the present case.” A somewhat similar prayer though differently worded, has been made by the Cricket Association of Bihar, the applicant in I.A. No.9, in the following words:
“a) Declare that Mr. N. Srinivasan is ineligible/disentitled to hold the post of President, Tamil Nadu Cricket Association in view his commercial interest in the events of BCCI in breach of Regulation 6.2.4 of the Regulation for Players, Team Official, etc.
b) Issue an Order of injunction restraining Mr. N. Srinivasan from attending the AGM or working committee of BCCI even as a representative of TNCA.
c) And pass such further or other orders as this Hon'ble court may deem 5 fit and proper so that justice may be done.
OR IN THE ALTERNATIVE Direct the Committee headed by Justice R.M. Lodha to decide
a) whether Mr. N. Srinivasan is ineligible/disentitled to hold the post of President, Tamil Nadu Cricket association in view his commercial interest in the events of BCCI in breach of Regulation 6.2.4 of the Regulation for Players, Team Official, etc. and
b) Whether Mr. N. Srinivasan should be restrained from attending the AGM or working committee of BCCI even as a representative of TNCA in view of his conflict of interest.” Having heard learned senior counsel for the parties, we see no room for any clarification of our order dated 22.01.2015 which is self-explanatory and free from any ambiguity whatsoever. Mr. Venugopal, learned senior counsel, however, argued that Mr. N. Srinivasan, Managing Director of India Cement Limited is, according to the BCCI, disqualified from participating in the BCCI affairs as the conflict of interest pointed out by us in our order mentioned above continues to persist notwithstanding the 6 restructuring of the share-holding undertaken by Mr. N. Srinivasan. He urged that the BCCI, after due deliberations, has taken a considered view on the subject and excluded Mr. N. Srinivasan from participating in the affairs of the BCCI. He submits that this Court could examine the stand taken by the BCCI and declare the same to be legally sound and that Mr. Srinivasan continues to be disqualified.
M/s. Kapil Sibal and C.S. Vaidyanathan, learned senior counsel on the other hand argued that conflict of interest which this Court has noted in the judgment dated 22.01.2015 no longer subsists on account of the restructuring undertaken by Mr. N. Srinivasan. They argued that the BCCI has not so far passed any resolution excluding Mr. N. Srinivasan from participating in the affairs of the BCCI.
The developments which the applications filed by BCCI and Cricket Association of Bihar have referred to in their applications are admittedly 7 post 22.01.2015. Whether or not those subsequent developments remove the conflict of interest of which Mr. N. Srinivasan was found guilty by this Court is a matter that did not and could not possibly fall for our consideration. Any prayer for clarification of the order passed by us on the basis of any such subsequent developments is, therefore, misconceived. Having said that, we must make it clear that the BCCI is and continues to be well within its rights to determine whether any conflict of interest subsists. If it has already taken a view on the subject, as argued by Mr. Venugopal, it is entitled to stick to that view. All that we need say is that we are not in the instant applications filed by the BCCI and the Cricket Association of Bihar concerned or even inclined to take note of the said subsequent developments which we leave to be determined if necessary by a competent Court in appropriate proceedings. We are also not at this stage inclined to refer the said issue to Justice Lodha Committee for determination. We, accordingly, dismiss I.A. Nos.4, 5 and 9 for 8 clarification. We make it clear that we have not expressed any opinion on the merits of the contentions urged before us by the learned senior counsel for the parties or the intervener, who appeared in person.
INTERLOCUTORY APPLICATION No.6/2015 I.A. No.6/2015, application for intervention filed by Dr. Subramanian Swamy is also disposed of in the light of what we have stated above.
................J. (T.S. THAKUR) ..................J. (FAKKIR MOHAMED IBRAHIM KALIFULLA) NEW DELHI, OCTOBER 05, 2015 9 ITEM NO.301 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS I.A. 4/2015,I.A. 5/2015 & I.A. 6/2015 in Civil Appeal No(s). 1155/2015 CRICKET ASSOCIATION OF BIHAR Appellant(s) VERSUS THE BOARD OF CONTROL FOR CRICKET IN INDIA & ANR. Respondent(s) (for clarification/modification of court's order and permission to file intervention and permission to file additional documents and interim relief and office report) With I.A. Nos.7-10/2015 (For directions and inquiry under Section 340 of Cr.P.C. and seeking amendment of I.A. No.8) Date : 05/10/2015 These applications were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA For Appellant(s) Ms. Nalini Chidambaram, Sr. Adv.
Ms. Rajat Sehgal, Adv.
Mr. Vikas Mehta,Adv.
For Respondent(s) Mr. Kapil Sibal, Sr. Adv.
Mr. Amol Chitale, Adv.
Ms. Pragya Baghel,Adv.
Mr. K.K. Venugopal, Sr. Adv. Mr. U.N. Banerjee, Sr. Adv.
Ms. Radha Rangaswamy,Adv.
Ms. Ranjeeta Rohatgi, Adv.
Mr. Prateek Chadha, Adv.
Mr. C.S. Vaidyanathan, Sr. Adv. Mr. K. Hari Shankar, Adv.
Mr. Aditya Verma, Adv.
Mr. Vikas Singh Jangra, Adv.10
Intervener Dr. Subramaniam Swamy (In person) Mr. Yatinder Choudhary, Adv. Mr. Ishkaran B., Adv.
Mr. Ravi, Adv.
UPON hearing the counsel the Court made the following O R D E R Interlocutory Application No.7/2015 is allowed, Interlocutory Application No.8/2015 is dismissed as withdrawn, Interlocutory Application No.10/2015, is allowed and disposed of, Interlocutory Application Nos. 4, 5 and 9/2015 are dismissed and Interlocutory Application No.6/2015 is disposed of in terms of the signed order.
(VINOD KR.JHA) (VEENA KHERA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)