The Bombay High Court division bench of justices B R Gavai and MS Karnik on Wednesday said that they are not willing to provide any interim stay regarding the sale of tickets for One-Day International match, which is scheduled to be held on October 29 at the Brabourne Stadium owned by the Cricket Club of India, in Mumbai.
The Court said,
“We do not intend to pass any interim order as sought by the petitioners. You (petitioners) can approach the Supreme Court if you wish to as the apex court is seized of similar matters pertaining to the MCA."
The observation of the bench came during the hearing of petitions filed by the Mumbai Cricket Association(MCA) and two of its members, who approached Court challenging the BCCI’s decision to shift the scheduled match between India-West Indies from Wankhede Stadium to Brabourne Stadium and sought an interim stay over the sale of tickets for the match in question, till the hearing of the petition is pending.
The petitioners, Sanjay Naik and Ravi Savant claimed that the decision of the BCCI was illegal and arbitrary and was passed without giving any prior notice to the MCA.
The counsel appearing on behalf of the MCA, MM Vashi, informed the court that the BCCI's decision to shift the match from Wankhede Stadium was only due to the reason that Mumbai cricket body could not submit a hosting agreement, which was one of the condition for holding the match at the stadium.
MM Vashi, also informed the Court the reason for which the Mumbai cricket body could not provide such agreement as it had to be signed by an administrator and currently MCA has no administrator. He added,
“The Brabourne Stadium is not equipped to host an international match. The last match played there was in 2009," as it generally hosts only practice games.
However, the court, during the course of arguments observed that BCCI's condition, in which it sought a hosting agreement from the MCA along with signature of an administrator was not wrong and said,
“What is wrong in this? The MCA does not even have a Board of Directors. The two retired judges appointed by high court to act as administrators have expressed their unwillingness to continue due to the allegations levelled against them."
The Court while declining to pass any interim order, further directed the BCCI as well as the Cricket Club of India, to file their affidavits in response to the petitions of the MCA.
The bench has posted the matter for further hearing on October 24.