The former IPL commissioner, who faces a life ban, says he does not intend to appear before the SGM, requesting it to be adjourned.
To Shri Sanjay Patel 24 Sep 2013
Cc: Bcci Members
As you are aware in C.S. No. 567 of 2013, an ad interim order was granted by learned ADJ No. 2 and Wakf Tribunal, Patiala House Court, New Delhi staying the Special General Meeting to be held on 25.9.2013. Against the said interim order, the BCCI filed an appeal bearing FAO No. 370 of 2013 before the Hon'ble Delhi High Court. The Hon'ble Delhi High Court on 24.9.013 vide operative portion of the order pronounced at 5.30 p.m. has allowed the BCCI's appeal and has set aside the order dated 21.9.2013 passed by the learned ADJ No. 2 & Wakf Tribunal, Patiala House Court, New Delhi. A copy of the operative portion of order has been supplied at 7.30 pm by the Hon'ble Delhi High Court and my lawyers are preparing Special Leave Petition to be filed before the Hon'ble Supreme Court. We intend to mention the matter on 25.9.2013 for urgent listing.
In such circumstances, I would request you to kindly adjourn the meeting.
In the event you do not adjourn the meeting kindly place the present letter and the witness statement made by me to the Disciplinary Committee which was refused to be taken on record by them and was not considered by them. This statement though not taken on record is available both with the BCCI and the Disciplinary Committee. In case the same is not readily available in your records kindly let me know I will provide a copy of the same.
Please also place the copies of Civil Suit No. 40 of 2013 and 567/2013 pending before Patiala House courts in Delhi (copies of which are available with the BCCI and the reply of BCCI filed in Civil Suit No. 40/ 2013 which clearly shows that a representation was made before the court that before the conclusion of enquiry proceedings confirmatory mails would be obtained from the BCCI witnesses which have not been obtained till date. In case the same are not readily available in your records kindly let me know I will provide copies of the same.
Please convey my request to all the members for adjourning the present meeting to a date after the AGM, which is to be held on 29.9.2013, so that duly authorized office bearers can convene a SGM.
Please note that I do intend to appear before the SGM and place my version and the facility that was extended to the BCCI witnesses for the purposes of recording of their evidence that is by way of video conferencing may kindly be extended to me as well.
Lalit Kumar Modi