tells to confirm Vijay Mallya settlement after ₹15,000 crore recovery
Six years after Vijay Mallya challenged the seizure of his assets, the has signalled that the recovery dispute with banks should finally end. Justice Milind N. Jadhav on Wednesday directed the and the to respond to Mallya’s claim that lenders have already recovered around ₹15,000 crore from him.
A plea that waited six years
The case began on , when a passed an order in Misc. Application No. 58 of 2019 in ECIR No. ECIR/03/MEZO/2016. That order allowed the to utilise properties confiscated by the to recover dues from Kingfisher Airlines. Mallya moved the High Court on , seeking to the order.
The application remained unheard for years. It was only after the court’s Board Department was told to list old shelf matters that the plea came up for hearing.
Mallya’s counsel: 'The petition has become redundant'
, appearing for Mallya, told the court that the petition was filed while were on and sought protection for certain assets. Since then, Desai said, most of those assets have been attached and dealt with, making the petition redundant.
He also argued that Mallya's
have effectively been settled.
"The consortium of banks have recovered approximately Rs 15,000 crore from the applicant when compared with the original claim of Rs 6,203 odd crore including interest,"
Desai submitted. He said it was unfortunate that public sector banks were keeping the matter alive, and added that an RBI audit had described the Kingfisher collapse as an airline business failure and nothing else.
Court: A dispute that needs closure
Justice Jadhav did not immediately rule on the petition. Instead, he issued notice only to SBI, as lead bank, and Respondent No. 13, the Deputy Director of the , returnable on . The court said the two respondents should apprise it of the submissions made by Desai and the further developments in the ECIR case.
The court noted that Mallya’s recovery claim “needs to be ascertained and confirmed by the respondents.” It also observed that the dispute needed to be resolved so that the parties and the economy could move on. The recovery figures, however, do not affect the criminal case. The court made clear that the against Mallya must continue to its logical end.
Connected application and next steps
In a related application by Kamsco Industries Pvt Ltd, also represented by Desai, the court directed SBI to serve a copy of its before the next date. Mallya was granted liberty to file an detailing developments after the petition was filed.
Background of the case
Mallya left India in . The had provisionally attached his properties in 2016 under the PMLA, and in he was declared a . In , the ED told the that it had no objection to the SBI-led consortium liquidating the to recover the outstanding bank debt. Mallya continues to face criminal proceedings in India, including allegations of loan default, fraud and connected to Kingfisher Airlines. UK courts have approved his , but he has remained in the UK amid a separate confidential legal matter.
Court's key observation
"Only after hearing Respondent No. 13, this Court will decide the further course of action in the present Application and consider issuing notices to the other Respondents."
The next hearing is on .