Supreme Court dismisses Lalit Modi plea challenging Rs 10 crore fine related to FEMA violations

The Supreme Court docket has dismissed a petition filed by former IPL chairperson Lalit Modi in search of course to the Board for Management of Cricket in India (BCCI) to foot the Rs 10 crore nice imposed on him over violations underneath the Overseas Alternate Administration Act (FEMA) throughout the second season of IPL in 2009.

In Might 2018, the adjudicating authority held BCCI and its workplace bearers liable underneath FEMA and imposed fines of Rs 82.7 crore on BCCI, Rs 10 crore on Lalit Modi, Rs 11.5 crore on N Srinivasan (then Honorary Secretary of BCCI), Rs 9.72 crore on MP Pandove (then treasurer) and Rs 7 crore on the State Financial institution of Travancore (now merged with SBI).

The Bench of Justice PS Narasimha and Justice R Mahadevan noticed on Monday that the Board acted as a state in relation to regulating and conducting the sport of cricket in India.

Nevertheless, BCCI was not a state when it got here to civil proceedings, together with restoration of cash and due to this fact, the writ petition was not maintainable, it added.

The highest courtroom of the nation granted liberty to the petitioner to method civil courts for restoration of cash from the BCCI.

Modi moved the Apex Court docket difficult a Bombay Excessive Court docket order that refused to entertain his writ petition. The Excessive Court docket additional imposed a price of Rs one lakh on the previous IPL chairman.

Showing for Modi, Advocate Vikas Mehta argued that as per the Guidelines and Laws to Memorandum of Affiliation, BCCI was to indemnify its workplace bearers in opposition to all losses and bills incurred by them throughout the discharge of their official duties.

The Board had earlier indemnified Srinivasan and Pandove in opposition to the penalty imposed by the adjudicating authority however was but to answer Modi’s request for the same therapy.

There isn’t any foundation to differentiate the case of the petitioner from that of Pandove and Srinivasan by BCCI, he added.