The Bombay Excessive Courtroom has imposed a price of Rs 1 lakh on former cricket administrator Lalit Modi and dismissed his petition searching for an order to Board of Management for Cricket in India (BCCI) to pay penalty of Rs 10.65 crore imposed on him by the ED for violating International Alternate Administration Act (FEMA). A division bench of Justices M S Sonak and Jitendra Jain, in its order of Thursday, mentioned the petition was “frivolous and wholly misconceived” because the adjudication authority beneath the FEMA has imposed the penalty on Modi.
Modi in his plea mentioned he was appointed as BCCI vice chairman, throughout which interval he was additionally chairman of Indian Premier League governing physique, a subcommittee of the BCCI.
The plea claimed the BCCI is meant to indemnify him as per bylaws.
The HC bench, nonetheless, referred to a Supreme Courtroom judgment of 2005 which mentioned the BCCI doesn’t fall beneath the definition of ‘State’ as outlined beneath Article 12 of the Structure of India.
Regardless of clear orders from the apex court docket, Modi has filed this petition in 2018, the HC bench famous.
“In issues of alleged indemnification of the petitioner (Modi) within the context of penalties imposed upon the petitioner by the ED, there isn’t any query of discharge of any public operate, and subsequently, for this function, no writ could possibly be issued to the BCCI,” HC mentioned.
“In any occasion, the reliefs are wholly misconceived. This petition is frivolous, and accordingly, we dismiss this petition,” the court docket mentioned and directed Modi to pay a sum of Rs 1 lakh to Tata Memorial Hospital inside 4 weeks.
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