Date:27/09/2008 URL: http://www.thehindu.com/2008/09/27/stories/2008092751981900.htm

Sport - Cricket

HC declines to grant ad interim injunction

Special Correspondent

CHENNAI: The Madras High Court has declined to grant an ad interim injunction restraining the Board of Control for Cricket in India (BCCI) from permitting N.Srinivasan, board treasurer, to participate in the general body meeting scheduled in Mumbai on Saturday for the election of the board’s new office-bearers and contest for the post of Secretary or any other post in the board.

In his interim order on an application filed by A.C. Muthiah in a civil suit, Justice M. Jeyapaul ordered notice to Mr. Srinivasan returnable in three weeks. He ordered that the counter of the first respondent, the BCCI, represented by its president, having its registered office at M.A. Chidambaram Stadium, Chepauk, be filed then.

Mr. Justice Jeyapaul said the court found that there was a potential substance in the arguments by the senior counsel P.S. Raman, appearing for the board. Therefore, he was not inclined to grant ad interim injunction at this stage.

Mr. Muthiah’s senior counsel, Nalini Chidambaram, submitted that Mr. Srinivasan being the board treasurer was an administrator. As per the regulation, no administrator should have directly or indirectly any commercial interest in the matches or events conducted by the board.

Mr. Muthiah wrote a letter this month bringing to the notice of the board president seeking direct action against Mr. Srinivasan, who was the Managing Director of India Cements, for having earned commercial interest and benefits despite being one of the franchisees of IPL. But no action was initiated. The applicant had established that Mr. Srinivasan had breached the board’s code of conduct.

Mr. Raman said on December 26, 2007, an invitation to participate in the auction conducted by IPL was extended to India Cements by the board. On receipt, Mr. Srinivasan sought a clarification whether the company could participate in the auction. He received a communication from the board that there was no embargo for the company to participate in the auction.

Thereafter, having submitted the tender proposals, the company purchased the Chennai Super Kings. The match was over even during May-June. In the event of the administrator committing any default against the regulations, the board had been authorised to levy a fine and/or debar him from holding such positions. When there was an alternative penalty prescribed, debarring at the stage when all steps had been taken to convene the meeting on September 28 for holding the election was not warranted.