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Business News/ News / India/  Vijay Mallya's lawyer says 'can't contact him', Supreme Court discharges him
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Vijay Mallya's lawyer says 'can't contact him', Supreme Court discharges him

The lawyer of fugitive businessman Vijay Mallya told the Supreme Court that he was not receiving any communication from him and sought to be discharged from the case as a counsel

Fugitive businessman Vijay MallyaPremium
Fugitive businessman Vijay Mallya

Vijay Mallya's attorney informed the Supreme Court on Thursday that he had not heard from the wanted businessman and asked to be dismissed from the case. Justices D Y Chandrachud and Hima Kohli's panel approved the lawyer E C Agrawala's discharge from the case and asked him to provide the liquor baron's email address and current residence in the United Kingdom to the supreme court registry.

"Counsel seeking discharge the case because in spite of communication from his end, no instruction is forthcoming," the bench said and asked the lawyer to follow the process of discharge.

Agrawala told the top court, "I want to be discharged from this matter as I am not receiving any instructions from my client. I am not able to establish contact with him. He is incommunicado for a long time."

The top court dismissed the attorney from Mallya's two petitions challenging the Karnataka High Court's orders requiring him to pay 3,101 crore to a group of banks on 5 October, 2018 and 13 September, 2019, respectively.

In a separate case, the top court sentenced Mallya to four months in prison for contempt of court on 11 July. The court also ordered the Center to secure the presence of the wanted businessman, who has been hiding in the UK since 2016.

The highest court had ruled that Mallya, 66, had never expressed regret for his actions or offered an apology, and that a sufficient sentence needed to be given in order to preserve the authority of the law.

On 9 May, 2017, the top court found Mallya guilty of contempt of court for transferring USD 40 million to his children in defiance of court orders. The top court also fined Mallya 2,000.

The Contempt of Courts Act, 1971 stipulates that a person who disobeys a court may be sentenced to simple imprisonment for up to six months, a fine of up to 2,000, or both.

The top court had ordered that Mallya and the recipients of the USD 40 million from the aforementioned transactions be required to deposit the money received, along with interest at the rate of 8% per year, with the appropriate recovery officer within four weeks.

It had stated that if the amount was not deposited, the recovery officer in question would be permitted to initiate the proper legal action to recover the money, with the full support and cooperation of the Government of India and all relevant agencies.

The Supreme Court Legal Services Committee will receive the fine after it is deposited in the apex court registry within four weeks as instructed by the highest court.

Mallya would receive an additional two-month sentence if the 2,000 fine was not paid within the allotted time, according to the document.

The supreme court noted that despite numerous opportunities given to Mallya, no arguments were made on his behalf regarding the level of punishment or the removal of the contempt.

The court had ruled that the transactions mentioned in the judgement and order dated 9 May, 2017, under which USD 40 million was distributed to the beneficiaries, are declared "void and inoperative."

It had been noted that in its ruling from 9 May, 2017, the Supreme Court had determined that Mallya had violated the "text and tenor" of orders issued by the Karnataka High Court by disbursing the USD 40 Million and was therefore in contempt of court.

It had stated that the Government of India, including the Ministry of External Affairs and all other agencies or instrumentalities, must implement the court's directives with the utmost care and promptness.

Mallya is a defendant in a bank loan default case involving his disbanded Kingfisher Airlines that involves over 9,000 crore.

In 2020, the apex court rejected Mallya's request for a review of the May 2017 decision.

Since March 2016, Mallya has resided in the United Kingdom. On 18 April, 2017, Scotland Yard executed an extradition warrant, and he is currently free on bail.

A group of lending institutions, including State Bank of India, had petitioned the top court, claiming that Mallya was disobeying court orders regarding repayment of the loan, which at the time was in excess of 9,000 crore.

Mallya has separately contested the orders of the Karnataka High Court from 5 October, 2018 and 13 September, 2019.

The orders upheld the decision of the Bangalore-based Debt Recovery Appellate Tribunal (DRAT) to require a deposit of 3,101 crore before hearing his appeal against a DRT order.

On 19 January, 2017, the DRT Bangalore issued a directive requiring Mallya to pay 6,203 crore plus interest to a group of banks led by State Bank of India who had provided loans for the now-defunct Kingfisher Airlines.

Mallya appealed the decision before the DRAT in 2018, but it was denied for lack of appearance and failure to abide by objections.

He moved DRAT once more and submitted a request for the restoration of his appeal.

On March 28, 2018, the DRAT issued a directive requiring Mallya to deposit 3,101 crore by April 25, 2018, or the appeal risked being dismissed without further action.

Mallya then appealed the 28 March, 2018, order to the High Court, which dismissed his appeal on 5 October, 2018, and after that he went to the Supreme Court.

(With inputs from PTI)

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Published: 03 Nov 2022, 08:50 PM IST
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