2016 Supreme(SC) 1329
SUPREME COURT OF INDIA
A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
Board of Control For Cricket - Applicant
Versus
Cricket Association of Bihar & Ors. – Respondents
I.A. No. 29 of 2016 in Civil Appeal No(s). 4235 of 2014
Decided on : 07-12-2016.
For the Appellant :Mr. Gopal Subramaniam, Senior Advocate (A.C.) (NP), Mr. Kapil Sibal, Senior Advocate, Ms. Radha Rangaswamy, Mr. Abhinav Rohatgi and Ms. Ranjeeta Rohatgi, Advocates.
For the Respondents:Mr. Nirmesh Dube, Mr. Amol Chitle, Mr. Mukesh Kumar Maroria, Advocates.
The court has the authority to permit additional expenditure for specific purposes, subject to strict compliance with previous orders and proper maintenance of accounts.
Headnote:
Expenditure - BCCI - The court allowed the BCCI to incur additional expenditure for test matches and other matches with the English team, subject to certain conditions.
Fact of the Case:
The BCCI sought permission to incur additional expenditure for test matches and other matches with the English team.
Finding of the Court:
The court allowed the BCCI to incur the requested expenditure for the specified matches, subject to strict compliance with the court's previous order.
Issues: Permission for additional expenditure by BCCI for cricket matches.
Ratio Decidendi: The court permitted the BCCI to incur the requested expenditure for specific matches, emphasizing the need for strict compliance with the court's previous order and the maintenance of proper accounts.
Final Decision: The court granted permission for the BCCI to incur the requested expenditure for the specified matches, with the condition of strict compliance with the court's previous order and the maintenance of proper accounts.
ORDER :
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 English team. We had further permitted similar expenditure to be incurred in connection with other matches with the English team till 05.12.2016.
2. 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.
3. 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 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 stadium 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.
4. List the application for further directions after x-mas holidays.