Breakdown of Mallya's UK assets seizure order

Agencies
July 7, 2018

London, Jul 07: In light of a London court issuing an order to seize liquor baron Vijay Mallya's assets in the United Kingdom (UK), Phillip D'Costa of the Penningtons Manches law firm, on Friday, gave insight on the execution of the order.

"Once court orders, the debtor has to be given a seven-day notice. The Court's enforcement officers will then visit the property, seize goods, make an inventory and then the goods are auctioned, the proceeds of which go towards reducing the debt owed to the creditor," D'Costa said.

"There are prescribed rules on the things that can or cannot be taken. For instance, property falls outside the definition of goods, so you need a separate order to take possession of the property. Other high-value items like cars, watches, artwork, paintings, etc. Household appliances cannot be seized," he added.

When asked if the seven-day notice was counter-productive as it would provide a window of opportunity to the debtor to move their assets elsewhere, D'Costa said that by law it was required to give the notice first, otherwise, the seizure of assets would be invalid.

He also mentioned that there were very limited grounds on which the order could be stayed.

"The order can be stayed if it is granted by the court, however, there are very limited grounds on which an order can be stayed, one of which being if the debtor is unable to pay the amounts due," he said.

Mallya had earlier stated that he was not a fugitive and "always had honest intentions" to repay his loans.

He had earlier broken his silence over the controversy, saying in a series of tweets that he had been falsely made the "poster boy of Bank default and a lightning rod of public anger."

The 62-year-old is currently facing a trial in a UK court in connection with his extradition to India. He is facing charges for financial irregularities to the tune of Rs 9,000 crore, as well as several money laundering cases.

On the other hand, Bangalore police through the Enforcement Directorate (ED) on July 5 submitted a report before Delhi's Patiala House Court stating that they have identified 159 properties of liquor baron Vijay Mallya and United Breweries.

The Bangalore police had also sought more time to identify other additional properties.

Earlier on June 30, Mallya was summoned by a designated court under Fugitive Economic Offenders to appear before it on August 27. The notice was issued to Mallya and others in connection with ED's June 22 application for declaring him as a fugitive economic offender and to confiscate his properties.

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April 5,2020

Washington, Apr 5: US President Donald Trump on Saturday said that he has requested Prime Minister Narendra Modi to supply Hydroxychloroquine tablets that can be used to treat COVID-19 patients.

"After call today with Indian Prime Minister Narendra Modi, India is giving serious consideration to releasing the hold it put on a US order for hydroxychloroquine," Trump announced at the White House Coronavirus task force briefing that he requested PM Narendra Modi for more Hydroxychloroquine tablets.

President Trump did not shy away from saying he too will take a tablet of hydroxychloroquine after announcing that he has requested Prime Minister during his telephonic conversation earlier today to lift a hold on the US order of the medicine.

"I may take it too, will have to talk to my doctors," he added.

"India makes a lot of it. They need a lot too for their billion-plus people. 

The hydroxychloroquine, the anti-malaria drug will be released through the Strategic National Stockpile for treatment," he said.

"I said I would appreciate if they would release the amounts that we ordered" of hydroxychloroquine, he said.

The Indian government has put on hold the export of anti-malarial drug hydroxychloroquine and its formulations.

Prime Minister Narendra Modi said on Twitter, "Had an extensive telephone conversation with President @realDonaldTrump. 

We had a good discussion, and agreed to deploy the full strength of the India-US partnership to fight COVID-19."

Prime Minister conveyed deep condolences for the loss of lives in the United States and his prayers for the early recovery of those still suffering from the disease.

As on Sunday, the United States has at least 301,902 cases of coronavirus according to Johns Hopkins University's tally. 

At least 8,175 people have died in the US from coronavirus.

There was a steep rise in the number of cases in the last 24 hours. At least 23,949 new cases were reported, and at least 1,023 new deaths in the US have been reported in the last 24 hours.

US Secretary of State Michael Pompeo had discussions with External Affairs Minister S Jaishankar about the importance of continued close cooperation between the United States and India to combat coronavirus by strengthening global pharmaceutical supply chains.

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Agencies
July 21,2020

Washington, Jul 21: Some half-a-dozen influential Republican lawmakers on Monday introduced a legislation in the Senate to allow Americans to sue China in federal court for its role in causing the coronavirus pandemic.

The Civil Justice for Victims of Covid Act gives federal courts authority to hear claims that China has caused or substantially contributed to the Covid-19 pandemic.

Introduced by senators Martha McSally, Marsha Blackburn, Tom Cotton, Josh Hawley, Mike Rounds and Thom Tillis, the bill strips China of its sovereign immunity for reckless actions that caused the pandemic and creates a cause of action. It also authorises federal courts to freeze Chinese assets.

The legislation is closely modelled after the 2016 Justice Against Sponsors of Terrorism Act (JASTA) that gave more legal remedies to victims of terrorism, particularly the 9/11 victims.

“Americans who have been victimised by the lies and deceit of the Chinese Communist Party-to include those who lost loved ones, suffered business losses, or were personally harmed due to Covid-19-deserve the opportunity to hold China accountable and to demand just compensation,” McSally said.

As the death toll and financial losses of Covid-19 mount, China should be forced to pay the costs of these damages to the American people, he said.

Blackburn said that China's Communist Party must face consequences for concealing and now profiting off the Covid-19 pandemic they enabled.

“The costs are devastating: trillions of dollars in economic damage, millions of American jobs lost, and over a half million deaths worldwide – and counting. Business owners and families who have lost loved ones deserve justice,” he said.

By silencing doctors and journalists who tried to warn the world about the coronavirus, the Chinese Communist Party allowed the virus to spread quickly around the globe, Cotton said, adding their decision to cover up the virus led to thousands of needless deaths and untold economic harm.

Rounds said that China must be held accountable for its failure to contain Covid-19 and alleged that the country's delay in sharing the seriousness of the virus with the rest of the world isn't just negligence— it is criminal in nature.

“If China would have been transparent from the start, many more lives would have been saved in all parts of the world. Our legislation provides the tools necessary for American citizens to sue the Chinese Communist Party in federal court for financial losses incurred because of Covid-19,” he said.

Tillis alleged that the Chinese Communist Party lied to the world about Covid-19 and allowed it to become a global pandemic, causing many Americans to tragically lose their loved ones and face immense financial hardship.

“The American people deserve the right to hold the Chinese government accountable for its malicious actions, and I'm proud to join my colleagues in introducing this commonsense bill,” he said.

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Agencies
February 12,2020

London, Feb 12: Fugitive liquor baron Vijay Mallya returned to the courtroom here on Wednesday, the second day of hearing at the UK High Court, where the former billionaire has appealed against the extradition decision of Westminster Magistrates Court in December 2018.

On being asked about his expectations from the lengthy appeals process against the extradition order as today is the last day for Mallya to present his defence, the embattled former Kingfisher Airlines boss replied, "I have no clue. You see. I'll also see it. Let's not get into a speculative game."

When asked on what would happen if Mallya loses the case and has to return to India, the liquor baron responded: "We do have arguments."

The UK High Court, on Tuesday, had also heard Mallya's appeal against the Westminster Magistrates' Court order extraditing him to India to face alleged fraud and money laundering charges amounting to Rs 9,000 crore.

Mallya was present in the court along with his counsel Clare Montgomery during the hearing. Officials from Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) along with counsel Mark Summers representing the Indian government were also present.

When the judge asked if there was a timeline in the case, Clare said," This is a very dense case," involving multiple individuals and organisations and that not everything had been taken into account by the magistrate Emma Arbuthnot in her ruling against Mallya.

Montgomery contended that the magistrate's ruling had been riddled with "multiple errors". She also brought into question the admissibility of documents submitted by the Indian government - including witness statements and emails that proved crucial in the ruling by judge Arbuthnot, who found "clear evidence of misapplication of loan funds" and that there was a prima facie case of fraud against Mallya.

As she had done throughout the trial, Montgomery continued to assert that Mallya had not acted in a fraudulent manner or run a pyramid and that the collapse of Kingfisher Airlines was, in fact, the failure of a business in difficult economic circumstances.

She also reiterated concerns about the conduct of the Central Bureau of Investigation (CBI) in bringing charges against Mallya, claiming that the tycoon had been made a scapegoat.

Montgomery also stated that the Indian government had presented the loan taken out by Kingfisher Airlines, not as a simple business loan but was part of a larger and elaborate attempt at defrauding the banks by Mallya and Kingfisher Airlines management.

This, Montgomery contended, was but one example of a wider misinterpretation of the case by judge Arbuthnot.

The High Court justices reprimanded Montgomery for concentrating on the evidence - in essence rehashing the case presented at the lower court - rather than the apparent "mistakes" made by judge Arbuthnot in her ruling.

Mallya remains on bail of £650,000 as he has done throughout this legal process.

The Crown Prosecution Service which is representing the Government of India will present its case for the extradition of Mallya on Wednesday.

The 63-year-old businessman fled India in March 2016 and has been living in the UK since then.

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