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Supreme Court - Daily Orders

Board Of Control For Cricket vs Cricket Association Of Bihar on 7 December, 2016

Bench: Chief Justice, A.M.Khanwilkar, D.Y. Chandrachud

                                                  1


                                            OUT-TODAY

     ITEM NO.301                           COURT NO.1               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.No. 29 of 2016 in Civil Appeal No(s).              4235/2014

     BOARD OF CONTROL FOR CRICKET                                   Appellant(s)

                                                 VERSUS

     CRICKET ASSOCIATION OF BIHAR & ORS.                            Respondent(s)
     (Application for directions)


     Date : 07/12/2016 This application was called on for hearing today.

     CORAM :
                         HON'BLE THE CHIEF JUSTICE
                         HON'BLE MR. JUSTICE A.M.KHANWILKAR
                         HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

                                    Mr. Gopal Subramaniam, Sr. Adv. (A.C.) (NP)

     For Applicant(s)               Mr.   Kapil Sibal, Sr. Adv.
                                    Ms.   Radha Rangaswamy, Adv.
                                    Mr.   Abhinav Rohatgi, Adv.
                                    Ms.   Ranjeeta Rohatgi, Adv.


     For Respondent(s)             Mr. Nirmesh Dube, Adv.
                                   Mr. Amol Chitle, Adv.

                                   Mr. Mukesh Kumar Maroria,Adv.


                          UPON hearing the counsel the Court passed the following
                                              O R D E R

We had by our Order dated 08.11.2016 allowed I.A. No. 28 of 2016 and permitted the BCCI to incur an expenditure of Rs. 58.66 lakhs for the test match being played at Rajkot with a visiting Signature Not Verified Digitally signed by SHASHI SAREEN Date: 2016.12.13 15:00:06 IST English team.

Reason: We had further permitted similar expenditure to be incurred in connection with other matches with the English team 2 till 05.12.2016.

Mr. Kapil Sibal, learned senior counsel for the applicant has moved the present application in which certain further directions have been sought by the applicant-BCCI. Mr. Sibal submits that pursuant to the order earlier made, the BCCI has incurred the authorised expenditure in connection with the test matches at Rajkot, Vizag and Mohali. He submits that two more test matches are directed to be played one at Bombay and the other at Chennai. He has, therefore, sought permission to incur an expenditure of Rs. 133.82 lakhs on the said two matches. The details of the expenditure sought to be incurred is also set out at page 4 of the application. Mr. Sibal submits that while the application prays for permission to incur an additional expenditure of Rs. 3.79 crores on three ODIs and three T-20 international matches also the BCCI would be satisfied in case for the present, it is authorised to incur expenditure on making of hotel bookings up to @ Rs. 25 lakhs per match.

Mr. Gopal Subramaniam, learned Amicus Curiae is not present today. A proxy counsel appearing for him submits that given an opportunity, the Amicus would like to respond to the application. In the meantime, we see no reason why the expenditure which the BCCI proposes to incur in connection with the two test matches referred to above should not be authorised. We, accordingly, allow this application to the extent that the BCCI shall be free to incur an expenditure of Rs. 133.82 lakhs in connection with two test matches scheduled to be played with the English team. We also permit the BCCI to incur an expenditure up to Rs. 25 lakhs per 3 match for six matches scheduled to be played with the English team in the month of January and February, 2017. Needless to say, the BCCI shall incur the expenditure hereby authorised/strictly in terms of the Order passed by this Court on 08.11.2016. We further direct that the BCCI shall file an affidavit indicating the total receipts on all counts in connection with the matches already played and those scheduled to be played and the share of receipts which has fallen to BCCI's lot out of the total. We make it clear that no part of the amount which we have authorised shall be handed over to the cricket associations whose stadia are used for playing the matches and that the amount shall be disbursed only by Account Payee's cheque. Needless to say that proper accounts of the expenditure so incurred shall be maintained by the BCCI.

List the application for further directions after x-mas holidays.

(Shashi Sareen)                                                        (Veena Khera)
  AR-cum-PS                                                            Court Master
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ITEM NO.808                   COURT NO.1               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.No.29 of 2016 in Civil Appeal No(s).      4235/2014 etc. etc.

BOARD OF CONTROL FOR CRICKET                           Appellant(s)

                                    VERSUS

CRICKET ASSOCIATION OF BIHAR & ORS.                    Respondent(s)
(Application for directions)


Date : 07/12/2016 This application was mentioned today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE L. NAGESWARA RAO For Applicant(s) Mr. Kapil Sibal, Sr. Adv.
Ms. Radha Rangaswamy, Adv. Mr. Abhinav Rohatgi, Adv.
Ms. Ranjeeta Rohatgi, Adv.
For Respondent(s) Mr. Mukesh Kumar Maroria,Adv.
UPON being mentioned the Court made the following O R D E R Post today i.e. on 07.12.2016 at 3.30 P.M. (Shashi Sareen) (Veena Khera) AR-cum-PS Court Master