The Bombay High Court has imposed a cost of Rs 1 lakh on former cricket administrator Lalit Modi and dismissed his petition seeking an order to Board of Control for Cricket in India (BCCI) to pay penalty of Rs 10.65 crore imposed on him by the ED for violating Foreign Exchange Management Act (FEMA).
A division bench of Justices M S Sonak and Jitendra Jain, in its order of Thursday, said the petition was "frivolous and wholly misconceived" as the adjudication authority under the FEMA has imposed the penalty on Modi.
The HC bench, however, referred to a Supreme Court judgment of 2005 which said the BCCI does not fall under the definition of 'State' as defined under Article 12 of the Constitution of India.
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