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BCCI letter puts ICC on notice for defaults

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Published on May 05, 2017 with No Comments

Even as the Committee of Administrators (CoA) sent out a 15-point letter to the members of the Indian Cricket Board, underlining that they trust the latter will take a “mature and well-considered decision“ on the matter involving the International Cricket Council (ICC), 23 members of the Board sent out letters of approval to the officebearers the same afternoon giving a go-ahead to the notice being sent to the governing body .

The notice, a copy of which has been  cited as in its possession, a leading TV channel from India called the letter “not a truculent one, but merely reproduces clause 6.4 of the Members Participation Agreement (MPA)”, a legally binding document between the ICC and its member boards. A copy of the email has been marked to Iain Higgins, the legal head of the ICC.

With BCCI secretary Amitabh Choudhary as signatory , the letter states: “At the meeting of the ICC Board held on April 26, 2017, the contribution costs payable to BCCI has been done away with and structurally all of the governance models as approved in the April 2014 ICC Board have been revised without the prior approval of the BCCI. It is causing material adverse effect on the BCCI and has resulted in material breach of the obligations and warranties of the ICC IBC under the MPA as the very basis of the representations and warranties based on which the MPA was executed stands altered to the prejudice of the BCCI. It is evident that the ICC IBC has breached the clauses 6.4 (a), (c), (d) and (e) affecting the BCCI’s interests adversely . The MPA contemplates a curative period to cure breaches under the agreement. “Hence the BCCI puts you on notice for these defaults under clause 6.4 (a), (c), (d) and (e) of the MPA to enable the ICCIBC to reverse its decision of 26th April 2017 within a period of 30 days from receipt of the notice failing which appropriate consequences will follow . “Without prejudice, BCCI re serves all rights available to it under law.“

The notice is now waiting to be sent any time between now and May 7, the date of the BCCI’s Special General Meeting (SGM).


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