Advocates:
DUA ASSOCIATES

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REPORTABLE

ITEM NO.1503 COURT NO.2 SECTION IV-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

CONMT.PET.(C) No. 421-424/2016 In SLP(C) No. 6828-6831/2016

STATE BANK OF INDIA & ORS. Petitioner(s)

VERSUS

DR. VIJAY MALLYA Respondent(s)

Date : 11-07-2022 These petitions were called on for hearing today.

Counsel for Parties:Mr. Jaideep Gupta, Sr. Adv.(AC)

Mr. Kunal Chatterji, AOR

Mr. Sanjay Kapur, AOR

Ms. Megha Karnwal, Adv.

Mr. Arjun Bhatia, Adv.

Ms. Shubhra Kapur, Adv.

Mr. Ankur Saigal, Adv.

Mr. E. C. Agrawala, AOR

M/S. Dua Associates, AOR

Mr. B.K. Prasad, AOR

Mr. Anand Sukumar, AOR

Mr. Dheeraj Nair, AOR

Mr. Vipin Kumar Jai, AOR

Hon’ble Mr. Justice Uday Umesh Lalit pronounced the reportable

Order of the Bench Comprising His Lordship, Hon’ble Mr. Justice S.

Ravindra Bhat and Hon’ble Mr. Justice Pamidighantam Sri Narasimha.

The Contempt Petitions are disposed of in terms of the

signed reportable Order. Relevant portion of the Order is quoted

Digitally signed by

Indu Marwah

Date: 2022.07.11

17:38:10 IST

Reason:

Signature Not Verified

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hereunder:

“15. In the circumstances, in order to maintain the

majesty of law, we must impose adequate punishment upon

the Contemnor and must also pass necessary directions

so that the advantages secured by the Contemnor or

anyone claiming under him are set at naught and the

amounts in question are available in execution of the

decrees passed in the concerned Recovery Proceedings.

16.

Considering the facts and circumstances on

record and the facts that the Contemnor never showed

any remorse nor tendered any apology for his conduct,

we impose sentence of four months and fine in the sum

of Rs.2,000/- (Rupees Two Thousand Only) upon the

Contemnor. The fine shall be deposited in the Registry

of this Court within four weeks and upon such deposit,

the amount shall be made over to the Supreme Court

Legal Services Committee. In case the amount of fine

is not deposited within the time stipulated, the

Contemnor shall undergo further sentence of two months.

We direct the Ministry of Home Affairs,

Government of India, New Delhi to secure the presence

of the Contemnor to undergo the imprisonment imposed

upon him. Needless to say, Government of India

including the Ministry of External Affairs and all

other agencies or instrumentalities shall carry out the

directions issued by this Court with due diligence and

utmost expediency. A Compliance Report shall thereafter

be filed in the Registry of this Court.

17. We also direct:

A.

The transactions referred to in the Judgment and

Order dated 09.05.2017 in terms of which the amount of

US$ 40 million was disbursed to the beneficiaries

detailed in paragraph 16 of the said judgment and

order is held to be void and inoperative;

B.The Contemnor and the beneficiaries

under said transactions referred to in the

said Paragraph 16 shall be bound to

deposit the amount received by such

beneficiaries along with interest at the

rate of 8 per cent per annum with the

concerned Recovery Officer within four

weeks.

C.In case the amounts are not so

deposited, the concerned Recovery Officer

shall be entitled to take appropriate

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proceedings for recovery of said amounts;

and Government of India and all the

concerned agencies shall extend assistance

and complete cooperation. It shall be open

to take such appropriate steps including

the appointment of Forensic Auditor(s).

18. In the end, we must express our

sincere gratitude and appreciation for the

efforts put in by Mr. Jaideep Gupta,

learned Senior Advocate who assisted this

Court very ably as Amicus Curiae.

19. These contempt petitions, thus, stand

disposed of.”

Pending applications, if any, sha