Mallya transferred money to put it out of court's reach: SC


New Delhi, May 10 (PTI): The transfer of USD 40 million Vijay Mallya had received from British firm Diageo to his three children reflected the beleaguered businessman's intent to put the funds beyond the reach of the courts, the Supreme Court has said.

The apex court, which held Mallya guilty of contempt of court, said the USD 40 million fund, which was in his control, was completely covered and governed by the judicial orders directing him not to transfer, alienate or dispose of any movable and immovable properties till further orders.

"The explanation that the funds now stand transferred in favour of the trusts over which Mallya has no control at all, in fact, aggravates the extent of violation. It is clear that the funds which were in control of Mallya have now been sought to be put beyond the reach of the processes of court, which is reflective of the intent," a bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit said.

The bench further said the least that was expected of Mallya was to disclose the relevant facts pertaining to receipt and disbursement of USD 40 million.

As per the details placed before the bench, out of the USD 40 million, USD 13,333,331.33 each was transferred to his children Siddartha Mallya, Leena Mallya and Tanya Mallya in February 2016 on his instructions.

Mallya's counsel had earlier told the court that the money which came from Diageo belonged to his children and not him.

The top court has held Mallya guilty of contempt for disobeying its orders by not disclosing full particulars of his assets and also violating the orders of the Karnataka High Court by transferring USD 40 million received from Diageo to his three children.

  

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Comment on this article

  • syed, dubai

    Thu, May 11 2017

    British Judge:
    "Tumne India ka Paisa Loota."
    Mallya:
    "Tum goron ne bhi loota"
    Judge:
    Bail granted, apna hi ladka hai.

    DisAgree Agree [1] Reply Report Abuse

  • Rob Stan, Udupi / US

    Thu, May 11 2017

    I liked the way $40 mn was divided among the three siblings so that they don't fight among each other.

    DisAgree Agree Reply Report Abuse

  • SMR, Karkala

    Thu, May 11 2017

    In this verdict Supreme Court has failed to explain to the nation, how wilful defaulter is still able to operate his bank account which has defaulted the majority lenders ofthe public sector banks. Why didn't these public sector banks didn't asked the court to freeze his accounts for transaction in the first place? Why court has not asked the Mallya to surrender his Passport in order to prevent him from exiting the country?
    PM Modi's government has elected in 2014 Lok Sabha election with landslide victory promising the nation free for 'corruption'. How Mallya which such liability to the banks and his employees of the disgruntled Airline is still manage to clear the 'immigration' process? How did manage to bid and IPL Cricket teams , F1 races and host calendar girls when doesn't have money?
    It is impossible to believe Mallya left this country without the knowledge central Home ministry. Unless Modi's government is complicit with the defaulter escape is impossible task. He must have paid the government for political funding in exchange for safe exile.
    If PM Modi government extradite Mallya, how they are going to nab Dawood Ibrahim?
    Jai Hind

    DisAgree Agree Reply Report Abuse

  • Krishna Dasa, Udupi

    Wed, May 10 2017

    It is all our fault (India.)
    We (India) do not have working Legal system.
    We (India) do not have strong Laws and system in place to prevent transfer of funds out of reach of the Government.
    We (India) do not have strong International relations with our neighbors (China, Pakistan Nepal etc,.) and Developed countries of the West.
    We (Indians) have no tolerance towards our own country man, Our divers culture, Our multi religious and multi cast system.
    We (Indians) neglect Law, truth, reality, justice and live in imaginations.

    DisAgree [1] Agree [12] Reply Report Abuse

  • PREM, BIDRE/CANADA

    Wed, May 10 2017

    rulers r only for poor citizens. not for CALENDER TOM BOY KF MAN

    DisAgree Agree [13] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 10 2017

    I THINK RCB IS PURPOSELY LOSING THE MATCHES. BECAUSE THEY ARE NOT GETTING MONEY FROM MALLYA.

    OR THE CHEQUE WHICH HE GIVEN HAS BOUNCED.

    BIG GUNS LIKE GAYLE KOHLI DEVILLIERS ARE GETTING OUT IN SINGLE DIGITS.

    DisAgree [2] Agree [11] Reply Report Abuse

  • Nithya, Mangalore

    Wed, May 10 2017

    Sir, now you can make more money by losing than winning and easily.

    DisAgree Agree [7] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 10 2017

    KINGFISHER TO BEGGERFISHER.

    DisAgree [3] Agree [11] Reply Report Abuse

  • Swamy, Mangalore

    Wed, May 10 2017

    Honourable SC, incidentally you get all possible ideas prompted by your head master BJP to raid, access and file charges on illegal and unaccounted wealth on non BJP people through your honest agents like CBI, NIA and IT. While Mallya is a sworn international fugitive and you have all the more reason to recover the money anyway you want. We are very sorry to see your pale and helpless face and your pathetic plea. BTW, how much is your kitty???. Don't worry we have become Ullu and Bhakts are blind.

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, May 10 2017

    We Indians are the biggest Idiots ...

    DisAgree [5] Agree [16] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 10 2017

    NOT ALL INDIANS. BUT BANKS AND BJPS

    DisAgree [6] Agree [19] Reply Report Abuse

  • Rathan, Mangalore

    Wed, May 10 2017

    Where BJP comes in this matter?
    Just you hate BJP out bring it here
    All loans r extended during Congress regime

    DisAgree [8] Agree [3] Reply Report Abuse

  • MILAN, LUCERNE

    Thu, May 11 2017

    WHO WRITE OF HIS LOAN.. ITS BJP.

    BJP IS INVOLVED IN THIS MATTER. THATS WHY I SAID SO.

    DisAgree [1] Agree [2] Report Abuse

  • Swamy, Mangalore

    Wed, May 10 2017

    Dear SCji, why are you putting up such pathetic face and looking helpless. You must be aware of the terms 'Money Trail' and 'Garnishee'. Even if it's transferred to anyone still you can recover it since Mallya is a fugitive, unless you and our popular govt has a good chunk of it. Say thank you to Mallya-BJP, we have become Ullu.

    DisAgree Agree Reply Report Abuse


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