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High Court of DelhiW.P.(C)/3221/2020

Nitin Mehra And ANR. v. Board Of Control For Cricket In India And ANR.

2020-06-10Hon'Ble Mr. Justice Najmi Waziri2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3221/2020 & CM APPL. 11204/2020 NITIN MEHRA AND ANR.

.....Petitioners Through:

Mr. Kapil Sibal, Senior Advocate with Mr.

Khowaja Siddiqui, Mr. Ankur Chawla, Mr.

Ashwini Kumar, Mr. Arup Sinha, Mr.

Jayant Mohan and Ms. Meenakshi, Advocate.

versus BOARD OF CONTROL FOR CRICKET IN INDIA AND ANR.

....Respondents Through:

Mr. Tushar Mehta, Solicitor General of India with Mr. Udaya K. Sagar, Ms. Bina Madhavan, Mr. Abhinav Mukerji, Ms. Kanu Aggarwal and Mr. Soujanya Ketharaj, Advocates for respondent no. 1.

Mr. Dayan Krishnan, Senior Advocate with Mr. Gautam Dutta, SC for R-2/DDCA.

Mr. Lalltaksh Joshi, Advocate for R2/DDCA.

Mr. Kirti Uppal, Senior Advocate with Ms.

Swati Gupta, Mr. Aditya Awasthi, Advocates for Mr. Sudhir Kumar Aggarwal in FAO No. 92/2020.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 10.06.2020

1. The hearing was conducted through video conferencing.

2. Mr. Tushar Mehta, the learned Solicitor General for India, states that the BCCI's only concern is that cricketing activity is fostered in the true spirit of the game by its affiliated associations and that the latters' financial records are properly maintained and that the associations

function in a lawful manner.

3. The Court is informed that expenses were incurred by the DDCA, upon instructions of BCCI i.e. for holding of cricketing tournaments such as for the Ranji Trophy and some other tournaments and monies are due to DDCA from BCCI apropos the same.

4. Mr. Tushar Mehta states, upon instructions, that the due monies shall be paid into the account of the DDCA by BCCI within two weeks from the date of receipt of a copy of this order. Let it be so done. The monies shall be expended as per the procedure recorded by this Court in its order dated 13.03.2020 in FAO 92/2020.

5. Apropos the petitioners' apprehension that they may be dis-affiliated or an Administrator might be appointed by the BCCI, it only needs to be recorded that the BCCI will take action only as per the procedure prescribed by law. In any case, notice as per by-laws, shall be issued to the DDCA, prior to any precipitate action being taken against it.

6. All parties agree to the cause espoused by the petitioners, to protect the interests of the DDCA.

7. No further orders are required in the writ petition. The petition is, accordingly, disposed-off in terms of the above.

8. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JUNE 10, 2020/AB