SC junks Lalit Modi's plea seeking BCCI to pay ED penalty
New Delhi (PTI): The Supreme Court on Monday junked a plea filed by former cricket administrator Lalit Modi seeking an order to the BCCI to pay a penalty of Rs 10.65 crore imposed on him by the ED for violating the Foreign Exchange Management Act (FEMA).
A bench of Justices P S Narasimha and R Mahadevan, however, said Modi will be entitled to avail civil remedies as available according to law.
The Bombay High Court on December 19 last year had imposed a cost of Rs 1 lakh on Modi while dismissing his petition seeking an order to the BCCI to pay a penalty of Rs 10.65 crore imposed on him by the Enforcement Directorate for violating FEMA.
The high court had said the petition was "frivolous and wholly misconceived" as the adjudication authority under FEMA has imposed the penalty on Modi.
Modi, in his plea, said he was appointed as vice president of the Board of Control for Cricket in India, during which period he was also the chairman of the Indian Premier League governing body, a subcommittee of the BCCI.
The plea claimed that the BCCI is supposed to indemnify him as per the bylaws.
The HC bench, however, referred to a Supreme Court judgment of 2005, which said the BCCI does not fall under the definition of a 'state' as defined under Article 12 of the Constitution.
Despite clear orders from the apex court, Modi filed this petition in 2018, the HC bench noted.
"In matters of alleged indemnification of the petitioner (Modi) in the context of penalties imposed upon the petitioner by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI," the HC had said.
"In any event, the reliefs are wholly misconceived. This petition is frivolous, and accordingly, we dismiss this petition," the court had said and directed Modi to pay a sum of Rs 1 lakh to the Tata Memorial Hospital within four weeks.
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HC orders preservation of Sunjay Kapur's assets on plea by Karisma Kapoors' children
New Delhi (PTI): The Delhi High Court on Thursday directed preservation of the assets of late Sunjay Kapur, ruling that all "suspicious circumstances" raised by the industrialist's children from his marriage with actor Karisma Kapoor have to be completely removed by his third wife, Priya Kapur, before the acceptance of his purported last will.
Justice Jyoti Singh passed the interim order on an application filed by Karisma Kapoor's children to restrain Priya Kapur from alienating their father's assets, reportedly worth Rs 30,000 crore.
The interim application was filed in a suit by the children, challenging their late father's purported will of his assets.
"Having heard and on examination of the material on record, I have the considered view that all legitimate suspicious circumstances raised by the plaintiffs will have to be completely removed by defendant number one (Priya Kapur) before the document is accepted as the last will," the judge said.
"Plaintiffs have made out a prima-facie case that the assets which are subject matter need to be protected, preserved, pending disposal of the suit," she added.
Justice Singh ordered that the equity shareholdings in the three Indian companies of the deceased cannot be changed and also restrained the disposal of his personal effects, including artwork.
The court said if the assets are not preserved and Priya Kapur ultimately fails to prove the validity and genuineness of the will, the deceased's children from his marriage with Karisma Kapoor -- his second wife -- and his mother Rani Kapur would be deprived of their legitimate shares.
"I have restrained from alienating, transferring, pledging, liquidating or in any other manner changing the equity shareholdings in the three Indian companies. I have restrained from withdrawing the PF amount. I have restrained from withdrawing monies from the three accounts except to the extent of discharging liabilities towards the children," the judge said.
The court clarified that it has not passed the order with respect to immovable foreign assets.
A detailed copy of the verdict is awaited.
Sunjay Kapur died on June 12, 2025, after collapsing during a polo match in England. He had reportedly suffered a sudden cardiac arrest.
