Bagan stick to "non-maintainability"

Mohun Bagan has stuck to their stated position that the arbitration hearing in the Bhaichung Bhutia suspension row is not
Bagan
"maintainable" and the proceedings before the former Solicitor General Amarendra Sharan was a conciliatory process.

Mohun Bagan general secretary Anjan Mitra had all along been saying that the All India Football Federation had not exhausted all other means before referring the matter to the arbitrator and Bhutia had been given "special treatment".

Two points in question before Sharan were the maintainability of the case and Bhutia's application for an interim relief so that he can play for East Bengal for which he signed up this season after being suspended by Mohun Bagan for six months without pay in June.

On Thursday, Bhutia's counsel Usha Nath Banerjee completed his argument regarding his client's application for interim relief and Mohun Bagan lawyer will reply on September 19. Both sides will make written replies on September 21 and Sharan will take a couple of days to decide.

This would mean that Bhutia will not be able to play for East Bengal in the ongoing Durand Cup which ends on September 22. His participation in the I-League starting on October one will depend on Sharan's decision.

"There are two matters before me. The first is maintainability (of the arbitration) and Bhutia's application for interim relief," Sharan said after a two-hour hearing.

"Both sides have requested for a reply and so they will submit written replies on Monday. I will then apply my mind and give a decision on both the points in two or three days (after Monday)," he said.

"Till I was trying to settle the case amicably between the two parties it was not a formal court proceeding. But now it has become a court proceeding," he added after the third hearing in the case.

For Mohun Bagan, Rupinder Singh Suri of Delhi-based legal firm Suri and Company argued the case.

"Two points - Bhutia's interim relief and our application that it was not a arbitration proceeding - both are going on. Bhutia's counsel had completed his argument on his application for interim relief and I have started my arguments also. It will continue on Saturday," Suri said.

Bhutia was suspended for six months without pay by Mohun Bagan in June for missing a few team training sessions and an exhibition match.

He appealed to the Indian Football Association (West Bengal football body) but later the AIFF took up the matter. The national body's Players' Status Committee, however, failed to decide on the matter as one member refused to give his opinion.

The AIFF then asked its outgoing General Secretary Alberto Colaco to mediate between Mohun Bagan and Bhutia. After Colaco could not find a solution, the AIFF Executive Committee in its meeting on August 30 had decided to refer the matter to an arbitrator.