London: Vijay Mallya loses UK case, banks can sell his England assets to recover debt


London, May 9 (IE): In a major boost to the consortium of 13 Indian banks to recover its debt of nearly $1.55 billion from fugitive liquor baron Vijay Mallya, a UK court on Tuesday upheld a ruling by Karnataka’s Debt Recovery Tribunal that froze worldwide assets of the ‘king of good times’. The worldwide freezing order prevents Mallya from removing — or diminishing — his assets in England and Wales.

The judgment by London’s Commercial Court Queens Bench division, dismissing Mallya’s applications, will enable the banks to enforce the tribunal’s ruling against his assets in the UK. The tribunal had also concluded that Mallya owed the banks a sum of Rs 6,000 crore plus interest.

The case was the first instance of an Indian tribunal’s ruling being registered in the English high court and was recorded in November 2017. The case is part of the litigation in which the banks are seeking to recover the loan lent to now-defunct Kingfisher Airlines. Importantly, the ruling will serve as a morale booster for the Indian government in the extradition proceedings which are underway at the Westminster Magistrates Court. The case is scheduled for a final hearing on July 11. Mallya was arrested on an extradition warrant in April last year and is presently out on a 650,000-pound bail bond.

Judge Andrew Henshaw has also refused permission to appeal the ruling, which leaves Mallya’s lawyers with the only option of directly petitioning the UK’s Court of Appeal. During the hearing, the banks reiterated that Mallya was a wilful defaulter after he failed to clear his debt despite having the financial means. However, Mallya’s lawyer argued that the defaults stemmed from financial losses incurred by Kingfisher Airlines and there was no malafide intention for not returning the money.

Paul Gair of law firm TLT, which represented the consortium of Indian banks, said in dismissing the liquor baron’s applications, the court had shown its willingness to recognise judgments granted by courts in other jurisdictions. “In dismissing Dr Mallya’s application, the High Court has demonstrated its willingness to recognise judgments granted by courts in other jurisdictions, giving parties opportunities to enforce their judgments against any assets held here. This case also sets a strong precedent for parties to secure a worldwide freezing order when enforcing judgments against willful defaulters,” PTI quoted Gair as saying.

The businessman was represented by Nicholas Peacock and George Heyman of Maitland Chambers, who were instructed by the law firm Macfarlanes LLP. The tribunal’s ruling on assets freeze had forced Mallya to live on a weekly allowance of 5,000 pounds, which his lawyers managed to boost to 18,325.31 pounds a week at a hearing earlier this year. On Tuesday, a Delhi court issued fresh directions to attach the properties of the businessman who has been declared a proclaimed offender for evading summons in a money laundering case related to FERA violations.

  

Top Stories

Comment on this article

  • Mar, Somewhere

    Thu, May 10 2018

    It's surprising that nobody mentions Force India in this comment section. Would this actually meant Mallya lose his shares on the team or what?

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, May 09 2018

    What about Lalit & Nirav Modi ...

    DisAgree Agree [7] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Wed, May 09 2018

    One skipping defaulter at a time. Don't be impatient!

    DisAgree Agree [1] Reply Report Abuse

  • Allen, Mangaluru

    Wed, May 09 2018

    Now only place left is Pakistan 👍

    DisAgree Agree [13] Reply Report Abuse

  • A. S. Mathew, U.S.

    Wed, May 09 2018

    The looting march of the con-artists hiding under the law will not work out always. What Mallaya has accomplished in his life? How the king is suffering now mentally? How many thousands of families have suffered, how many deaths through his liquor business? The karma effect is a reality!

    DisAgree [3] Agree [13] Reply Report Abuse

  • SMR, karkala

    Wed, May 09 2018

    In the absence of fair judiciary in India and the Indian Public Sector Bank giving 'Wilful defaulter' tag, the United Kingdom court has proved what PM Modi's government has failed.
    It shame that we the Indians worship 'Cricket' as God has never raised objection when financial fraudster bidding for 'IPL' team.
    Our Bollywood and Fashionworld never considered the dignity while exposing their bare bodies for 'Calendar girls'.
    Don’t think you escaped unharmed in the Punjab National Bank (PNB) scam. In a way, the price the banks now have to pay, will have to be paid by you. And the bill is so large, that this amount keeps increasing.
    Official estimates till September 2017 put the amount of bad loans in national banks at Rs 7,34,000 crore. And generally, the amounts recovered from bad loans are negligible.
    When a national bank gets scammed, or gives bad loans, the cost for fixing those mistakes is paid by us, the taxpayers.
    the government has contributed Rs 2,60,000 crore in the last 11 years. Meaning that effectively, every Indian has paid about Rs 2,000 out of their pocket.

    In this way, we have all paid an average of Rs 7,600 to the national banks, thanks to their abysmal condition. Just think, 130 crore Indians each bearing the Rs 7,600 burden.

    Unfortunately the farmer who feeds the hungry stomach of India if forced to take 'poison'. But 31 financial fraudster who escape India with 'bank loot' are given certificate of 'WILFUL DEFAULTER'.

    Is our honourable Prime Minister Modi and Union Minister Jaitely will answer;
    1. What is the health of Indian Public Sector banks?
    2. Why is the total outstanding of banks in terms of 'bank debt'?
    3. Why there is no Interpol 'Red Corner' notice issued for financial fraudsters?
    4. What is the recovery plans of government with raising taxes?
    5. Why PMO is Banks rejecting the RTi without any clear explanation?
    6. Why the bank charges are increasing in India?
    7. Is the new law of PM Modi will vanish the citizens bank balance?
    Jai Hind

    DisAgree [11] Agree [16] Reply Report Abuse

  • Rampanna, UDUPI

    Wed, May 09 2018

    @SMR Karkala, you seriously need to take a chill pill.
    One decision by a commercial court in the UK against objection raised by Mallaya on the enforceability of Indian judicial order proves that "Modi Govt has failed" - HOW? By what logic?

    Then you talk about cricketers, bollywood and fashion world!!! What is the link to Mallay's case?
    Then few lectures on equity infusion into PSU banks and farm loans.

    And finally, 7 questions to the PM and FM. Since they will definitely not respond to your queries, let me try to answer to the best of my abilities:

    1. What is the health of Indian Public Sector banks?
    - Not as bad as you make it out to be. All the large PSBs comply with the BASEL II requirements and hence your money and my money is still safe with PSBs
    2. Why is the total outstanding of banks in terms of 'bank debt'?
    - As per the latest RBI data, the NPAs of PSBs were approximately 14% of the total outstanding debts.
    3. Why there is no Interpol 'Red Corner' notice issued for financial fraudsters?
    - Because interpol will not accept someone as a financial fraudster simply because you say so. A very specifi legal process has to be followed against each particual individual before any such action is taken
    4. What is the recovery plans of government with raising taxes?
    - through enforcement of securities and seizure of assets of absoconders; What else can realistically be done?
    5. Why PMO is Banks rejecting the RTi without any clear explanation?
    - you mean PIO's?? How many RTI application have you filed for which the bank has not responded? You can always appeal to the CIC.
    6. Why the bank charges are increasing in India?
    - Every scheduled bank has to offer a no-frills account with no charges for a minimum Rs. 500 balance. You can always opt for that account.
    For everything else there is a cost that banks incurr. Are you expecting high quality service but not willing to pay for it?
    7. Is the new law of PM Modi will vanish the citizens bank balance?
    What do you mean?

    DisAgree [7] Agree [9] Reply Report Abuse

  • SMR, karkala

    Wed, May 09 2018

    Rampanna, UDUPI
    Sir, Thanks for all that answers on behalf of BJP and PSB. But your information with 'chill pill' is not upto the points when PSU themselves rejecting RTI's.
    Gentleman, Please read from the official release of the government website.

    For your knowledge Vijay Mallya is absconding during the PM Modi's tenure. He was 'wilful defaulter' cleared the Indian airspace with immigration nod.
    Being 'wilful defaulter' and not paying his own disgruntled airlines employee he is still bidding for IPL and sponsoring calendar girls.
    I don't mind your loyalty in democratic country to BJP or PM Modi. But financial fraud in India common man is liable to pay as taxes.
    Cheers buddy!
    Jai Hind

    DisAgree [6] Agree [3] Reply Report Abuse

  • Gangaram, Moodbidri

    Wed, May 09 2018

    If this Mallya purchase 3 JCB's instead RCB he could recovered his loans atleast!!!

    now he lost assets in London also.....

    But Modi Bakth chanting Modi Modi Modi, (Bada, beechka aur chota )

    DisAgree [5] Agree [20] Reply Report Abuse

  • Ashok shetty, Udupi

    Wed, May 09 2018

    If Modi not able to solve all the problem in Five years,Will you vote for those who created this problem in 70 years...................?

    DisAgree [21] Agree [13] Reply Report Abuse

  • Harold D'cunha, Mangalore, India.

    Wed, May 09 2018

    Readers, this is ploy, just to divert the mind of Indians.

    As per the judgment, by London’s Commercial Court Queens Bench division, dismissing Mallya’s applications, will enable the banks to enforce the tribunal’s ruling against his assets in the UK.

    BUT UK Supreme Court is highest Court body.


    UK Supreme Court sits at the apex of the United Kingdom’s legal system, hearing appeals from courts in England and Wales, Scotland and Northern Ireland.

    Until UK Supreme Court gives verdict , till then, we have to wait and see. Now the govt. of India will divert people mind saying they have succeeded in Mallya's case, which actually is not true.

    DisAgree [8] Agree [24] Reply Report Abuse

  • Amith, USA

    Wed, May 09 2018

    Dear Chaddis, that is not the last & final verdict on Vijaya Mallya. First tell Feku that, place an order of Rs. 9000 crores (equivalent pounds ) junk order, like French's Rafael, before the next general election or their big brother court will NULLIFY the younger brother's verdict. Until that preserve your BURNOL tubes in a proper & restricted place !!!!!

    DisAgree [11] Agree [20] Reply Report Abuse

  • Mohan, Kudla kori

    Wed, May 09 2018

    Mallya is not funding to rcb.. That's y kholi n team not performing.
    Tax payers money looted mallya. Njoyed in rcb camp,,,, that's the reaction effect on cricket field

    DisAgree [3] Agree [11] Reply Report Abuse

  • MP, Mangalore

    Wed, May 09 2018

    Now its Nirav Modi and Lalit Modi's turn

    DisAgree [3] Agree [20] Reply Report Abuse

  • MOHAN, KUDLA chicken

    Wed, May 09 2018

    modi will protect his MODI brothers sure. no doubt.

    DisAgree [13] Agree [18] Reply Report Abuse

  • Rajesh Hegde, Mangalore

    Wed, May 09 2018

    The Congi leadership milked Kingfisher for all travel benefits in return granting him loan after loan , they hoped and expected Vij Malya never to be caught in the Modi regime. So they could blame the current PM. Now for sure its Burnol moment. The BJP will take credit for this and for sure rant it in their election campaign. Wonder what Pappu or his chelas would come up with? If Cong go down in Ktaka then its better to write off Congress.

    DisAgree [22] Agree [14] Reply Report Abuse

  • SMAhmed, Mangalore/Kuwait

    Wed, May 09 2018

    Well, wait and look forward to see the result on 15/5/2018 and decide yourself which party to be written off.

    DisAgree [3] Agree [10] Reply Report Abuse

  • SMAhmed, Mangalore/Kuwait

    Wed, May 09 2018

    Well, wait and look forward to see the result on 15/5/2018 and decide yourself which party to be written off.

    DisAgree [3] Agree [6] Reply Report Abuse

  • Lionel Dsouza Shirva, Shirva

    Wed, May 09 2018

    I am a big fan of Vijay Mallya. But my honest advise to him is please repay the dues for the banks and also your ex-employees and lead a life of a real king as it was before. I know the reason behind the losses is the aviation ministry, but your ex-employees and Banks have nothing to do with it.
    The real fan is always a fan of you

    DisAgree [2] Agree [20] Reply Report Abuse

  • Kiran Poojary, kundapur

    Wed, May 09 2018

    Slaves will slaves for ever..........................

    DisAgree [9] Agree [14] Reply Report Abuse

  • Ivar, Mangalore

    Wed, May 09 2018

    Where those who were howling that Modi wastes money in visiting foreign countries?
    Modi proved that you can influence foreign courts with diplomacy!

    DisAgree [35] Agree [19] Reply Report Abuse

  • santhu BIRUVE, Mumbai/Udupi

    Wed, May 09 2018

    MODI power..Bunrol moment for blind slaves.

    DisAgree [42] Agree [24] Reply Report Abuse

  • ray, Mangalore

    Wed, May 09 2018

    For each and everything you type people say Modi power..it was the judgement given by UK court not by Indian court or Modi..don't comment something which is outside the dictionary!!!

    DisAgree [18] Agree [37] Reply Report Abuse

  • Rampanna, UDUPI

    Wed, May 09 2018

    @santhu BIRUVE, Mumbai/Udupi,

    True victory will only be on the day Indian banks fully recover the loans written off as NPAs. Till such time everything is just a pipe dream.

    Neither this one legal victory nor even Mallay’s extradition, if any, mean anything unless the Indian banks are able to recover substantial loans made to Mallaya’s business.

    So it looks like you will have to keep that burnol in your pocket for a foreseeable future.

    DisAgree [5] Agree [21] Reply Report Abuse

  • NITIN, dvddsilva@gmail.com

    Wed, May 09 2018

    a UK court on Tuesday upheld a ruling by """"""KARNATAKA'S DEBT TRIBUNAL """""" that froze worldwide assets of the ‘king of good times’.

    karnataka Congress is in ruling .

    DisAgree [9] Agree [22] Reply Report Abuse

  • Lionel Dsouza Shirva, Shirva

    Wed, May 09 2018

    Mr Santhu,

    Please open your eyes properly and read what is published above and not from your dream world.
    "Karnataka’s Debt Recovery Tribunal that froze worldwide assets of the ‘king of good times’".
    Karnataka is ruled by Siddu and not Moddu.
    For you water is enalf burnol is costly affair.

    DisAgree [9] Agree [23] Reply Report Abuse

  • Rampanna, UDUPI

    Wed, May 09 2018

    @NITIN, dvddsilva@gmail.com, @Lionel Dsouza Shirva, Shirva

    Do guys even have an iota of an idea what “Karnataka’s Debt Recovery Tribunal” mean? DRT’s have been set up all over India by the Central Government under the SARFAESI Act to deal with enforcement of securities by banks. DRT is a judicial body working independently of the Central Government and State Government.

    By what stretch of imagination has Siddaramiah or Karnataka Government got anything to do with this?

    Fyi, everything in India is not Modi; and by the same logic, everything in Karnataka is not Siddu.

    DisAgree [6] Agree [17] Reply Report Abuse

  • Richard Noronha, Belman

    Wed, May 09 2018

    Read the full article dont jump like a frog in the well So now you can apply burnol for your self...

    DisAgree [5] Agree [6] Reply Report Abuse

  • Rampanna, UDUPI

    Wed, May 09 2018

    Mr. Mallaya, even if you lose everything in the case, don't you worry.

    You could happily come back to Karnataka and

    - Get free rice from the annabhagya scheme;
    - Get free electricity from the bhagyajyoti scheme;
    - Get your daughters married off under the shaadibhagya scheme.

    Atala Pension Yojna should probably cover you for your monthly expenses.

    And if you need any legal advice, then please contact Honourable Justice Jossey Saldhana.

    DisAgree [14] Agree [29] Reply Report Abuse

  • bala, mangalore

    Wed, May 09 2018

    Well said..

    DisAgree [4] Agree [13] Reply Report Abuse

  • Arun, Udupi

    Wed, May 09 2018

    Rampanna, how about Beerbhagya scheme-I don't think so Mallya can live without this scheme

    DisAgree [2] Agree [10] Reply Report Abuse

  • Vincent Rodrigues, Bengaluru/Katapadi

    Wed, May 09 2018

    He may have to abide by the court order.

    DisAgree [1] Agree [12] Reply Report Abuse


Leave a Comment

Title: London: Vijay Mallya loses UK case, banks can sell his England assets to recover debt



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.