London court orders seizure of Vijay Mallya’s UK assets

Agencies
July 5, 2018

London, Jul 5: A UK High Court judge has issued an enforcement order in favour of a consortium of 13 Indian banks, seeking to recover funds owed to them by beleaguered liquor baron Vijay Mallya who is fighting extradition to India on fraud and money laundering charges worth nearly Rs 9,000 crore.

The order grants permission to the UK High Court Enforcement Officer to enter the 62-year-old tycoon's properties in Hertfordshire, near London.

It permits the officer and his agents entry to Ladywalk and Bramble Lodge in Tewin, Welwyn, where Mallya is currently based. However, it is not an instruction to enter, which means the banks have the option to use the order as one of the means to recover estimated funds of around 1.145 billion pounds.

"The High Court Enforcement Officer, including any enforcement agents acting under his authority, may enter Ladywalk, Queen Hoo Lane, Tewin, Welwyn... and Bramble Lodge, Queen Hoo Lane, Tewin, Welwyn, including all outbuildings of Ladywalk and Bramble Lodge to search for and take control of goods belonging to the First Defendant (Mallya)," notes the order by Justice Byran, dated June 26.

"The High Court Enforcement Officer, including any Enforcement Agent acting under his authority, may use reasonable force to enter the Property if necessary," it states.

According to legal experts with knowledge of the case, the latest order by the High Court's Queen's Bench Division is the granting of permission, should it be required, while the banks consider "all the enforcement options available to them".

The order relates to the UK's Tribunal Courts and Enforcement Act 2007 and follows a UK High Court ruling in May, which refused to overturn a worldwide order freezing Mallya's assets and upheld an Indian court's ruling that the Indian banks were entitled to recover funds. It marked the first recorded case of a judgment of the Debt Recovery Tribunal (DRT) in India being registered by the English High Court, setting a legal precedent.

The victory for the 13 Indian banks - which include State Bank of India, Bank of Baroda, Corporation bank, Federal Bank Ltd, IDBI Bank, Indian Overseas Bank, Jammu & Kashmir Bank, Punjab & Sind Bank, Punjab National Bank, State Bank of Mysore, UCO Bank, United Bank of India and JM Financial Asset Reconstruction Co. Pvt Ltd - enables them to enforce the Indian judgment against Mallya's assets in England and Wales.

Mallya has made an application in the Court of Appeal seeking permission to appeal against the order, which remains pending.

Mallya, who is separately fighting extradition to India on fraud and money laundering charges worth an estimated Rs 9,000 crores, had recently issued a media statement condemning the charges against him as politically motivated. He then took to social media to clarify that he made the statement "after a long period of silence" because he had filed an application before the Karnataka High Court on June 22, setting out available assets of approximately Rs 13,900 crores.

"We have requested the Court's permission to allow us to sell these assets under judicial supervision and repay creditors, including the Public Sector Banks such amounts as may be directed and determined by the Court," he tweeted.

"If the criminal agencies such as ED or CBI object to my proposal, and object to the sale of assets, it will clearly demonstrate that there is an agenda against me 'the Poster Boy' beyond recovery of dues to Public Sector Banks," he added.

Meanwhile, the former Kingfisher Airlines boss remains on bail since his arrest on an extradition warrant in April last year. He will return for his extradition hearing at Westminster Magistrates' Court in London on July 31, when closing arguments are expected from the Crown Prosecution Service (CPS), acting on behalf of the Indian government, and Mallya's defence team.

A judgment is expected in the case at a later date.

While the CPS claims it has successfully established a prima facie case of fraud against the businessman, Mallya's lawyers have sought to establish that the criminal charges against him are "without substance". They have also challenged the case on human rights grounds, questioning the conditions at Arthur Road Jail in Mumbai, where the businessman is to be held post-extradition.

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News Network
January 14,2020

Chennai/New Delhi, Jan 14: India's annual electricity demand in 2019 grew at its slowest pace in six years with December marking a fifth straight month of decline, government data showed, amid a broader economic slowdown that led to a drop in sales of everything from cars to cookies and also to factories cutting jobs.

Electricity demand is seen as an important indicator of industrial output in the country and a sustained decline could mean a further slowdown in the economy.

India's power demand grew at 1.1% in 2019, data from the Central Electricity Authority showed, the slowest pace of growth since a 1% uptick seen in 2013. The power demand growth slowdown in 2013 was preceded by three strong years of consumption growth of 8% or more.

In December, the country's power demand fell 0.5% from the year-earlier period, representing the fifth straight month of decline, compared with a 4.3% fall in November.

But in India's western states of Maharashtra and Gujarat, two of India's most industrialised provinces, monthly demand increased.

In October, power demand had fallen 13.2% from a year earlier, its steepest monthly decline in more than 12 years, as a slowdown in Asia's third-largest economy deepened.

Industry accounts for more than two-fifths of India's annual electricity consumption, while homes account for nearly a fourth and agriculture more than a sixth.

The slower demand growth is a blow for many debt-laden power producers, who are facing financial stress and are owed over $11 billion by state-run distribution companies.

India's overall economic growth slowed to 4.5% in the July-September quarter, government data released in November showed, the weakest pace since 2013 as consumer demand and private investment fell.

The government has estimated growth in the current financial year that runs through to March will be the slowest since the 2008 global crisis.

"This reflects overall economic slowdown, because if you look at other high frequency data like diesel consumption, everywhere you are seeing contraction," Rupa Rege Nitsure, chief economist at L&T Financial Holdings.

But India's central bank will not have much scope to cut rates to stimulate the economy because inflation has been rising sharply and reached 7.35% in December compared with 1.97% in January last year.

Economists say India's growth will continue to hover around 4.5% levels in the Oct-Dec quarter.

"In the Oct-Dec quarter as well growth (GDP) will be around the same level as July-September. My estimate for the full year is around 4.7% growth," Nitsure said.

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Agencies
January 26,2020

Jaipur, Jan 26: Rajasthan on Saturday on Saturday became the third state in the country to pass a resolution urging the Centre to repeal the Citizenship Amendment Act (CAA).

he resolution was passed in the state Assembly amid opposition by the BJP which accused the ruling Congress of pursuing appeasement politics.

It is the second Congress-ruled state to pass such a resolution after Punjab. The Kerala Assembly too had passed such a resolution against the CAA moved jointly by the ruling Left Front alliance and the opposition Congress-led UDF.

The Rajasthan Assembly resolution, passed by voice vote, also asked the Centre to withdraw the new fields of information that have been sought for updation of the National Population Register (NPR) 2020.

"It is evident that the CAA violates the provisions of the Constitution. Therefore, the House resolves to urge upon the government of India to repeal the CAA to avoid any discrimination on the basis of religion in granting citizenship and to ensure equality before law for all religious groups of India," the state's parliamentary affairs minister Shanti Dhariwal said, moving the resolution.

Leader of the opposition Gulab Chand Kataria of the BJP questioned the state's right to challenge the Act.

"Granting citizenship is a matter for the Centre. In such a situation do we have the right to challenge the CAA? The Congress should stop doing appeasement and vote bank politics," he said.

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abdullah
 - 
Sunday, 26 Jan 2020

Salute to Rajasthan Govt for rejecting communal and black CAA bill.   This bill is agaisnt the teach of our Constitution and bjp has never done anything as per our constitutin.   Its trying its best to scrap the constitution and restore it with RSS agenda.    We should oppose any move by bjp against the value of constitution.   As bjp has no respect to our constitution, it has no right to be in power.    Many of bjp leaders are giving statemetns against the value of constitution and such leaders should be treated as anti indians and action be taken on them.   

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Agencies
June 29,2020

New Delhi, Jun 29: The Supreme Court on Monday asked the Central government to find out the facts related to blacklisting and canceling of visas of foreign nationals who attended the congregation of Tablighi Jamaat in Nizamuddin area here.

A three-judge bench headed by Justice AM Khanwilkar and also comprising Justices Dinesh Maheshwari and Sanjiv Khanna asked the Centre to find out the facts related to the matter and fixed it for further hearing on July 2.

The apex court asked Solicitor General Tushar Mehta "if visas of these foreigners are canceled, then why are they still in India?"

"You (Centre) can deport them. If visas are not canceled, then, it is a different situation," the court said. The top court was hearing a number of petitions challenging blacklisting and cancellation of visas filed by few foreigners.

Mehta sought more time to file a reply on the matter, after which the court posted the matter for further hearing on July 2.

The petitions, filed by the foreign nationals from 35 countries, have sought directions to the Ministry of Home Affairs (MHA) to remove their names from the blacklist, reinstate their visas and facilitate their return to their respective countries.

The petitions sought to declare the decision of the MHA of blacklisting the foreign nationals who attended the Tablighi Jamaat congregation as "arbitrary".

"Unilateral blacklisting of 960 foreigners by the Home Ministry vide press release dated April 2, 2020, and the subsequent blacklisting of around 2500 foreigners as reported on June 4, 2020, is in violation of Article 21. Therefore, it is void and unconstitutional as the petitioners have neither been provided any hearing nor notice or intimation in this regard," the plea said.

One of the petitioners named Fareedah Cheema, a Thai national in the seventh month of her pregnancy, said she was quarantined in March, like other foreign nationals but was released from quarantine only in late May and is still at a facility under restricted movements, without the avenue to go back to her home nation and experience the birth of her child with security and dignity, with her loved ones.

These foreign nationals presently in India were blacklisted for a period of 10 years from traveling to India for their alleged involvement in Tablighi Jamaat activities.

The Home Ministry had said that foreign Tablighi Jamaat members, who were staying in India in violation of visa rules during the nationwide lockdown implemented to combat the COVID-19 spread, have been blacklisted.
A large congregation organised by Tablighi Jamaat in the national capital in March had emerged as a major COVID-19 hotspot in the country.

The government had said the decision of banning the foreign Tablighi Jamaat members was taken after details of foreigners found illegally living in mosques and religious places emerged from various states across the country.

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