Mallya loses over Rs 10,000 crore UK lawsuit

Agencies
May 9, 2018

London, May 9: Embattled liquor tycoon Vijay Mallya, undergoing an extradition trial in a UK court over fraud and money laundering charges by Indian authorities, today lost a lawsuit filed by 13 Indian banks in the UK High Court seeking to collect from him more than Rs 10,000 crore (USD 1.55 billion).

Judge Andrew Henshaw refused to overturn a worldwide order freezing 62-year-old Mallya's assets and upheld an Indian court's ruling that a consortium of 13 Indian banks was entitled to recover funds amounting to nearly USD 1.55 billion  (1.145 billion pounds).

The victory for the banks, which claimed the businessman had wilfully defaulted on the loans accessed from them, will enable them to enforce the Indian judgment against Mallya's assets in England and Wales. The worldwide freezing order prevents Mallya from removing any assets from England and Wales up to that value or to in any way dispose of, deal with or diminish the value of his assets in or outside of this jurisdiction, up to the same value.

"Today's judgment is a very important decision not just for our clients, who want to proceed in this jurisdiction with enforcing the judgment they secured against Dr Mallya in India, but also for Indian and international banks more generally," said Paul Gair, from UK law firm TLT which represented the Indian banks in the London court.

"In dismissing Dr Mallya's application, the High Court has demonstrated its willingness to recognise judgments granted by courts in other jurisdictions, giving parties opportunities to enforce their judgments against any assets held here. This case also sets a strong precedent for parties to secure a worldwide freezing order when enforcing judgments against wilful defaulters," he said.

Gair, a partner in TLT's banking and financial services litigation team, added that in a weakened global economy, "non-performing loans" present a real challenge for lenders, particularly where customers have assets located around the world.

"The English courts can play a vital role in these cases given that London is the world's leading financial centre," he noted.

TLT acted for the Indian banks in successfully defeating two applications – first, an application to set aside the first recorded case of a judgment of the Debt Recovery Tribunal (DRT) in India being registered by the English High Court, and the second, to discharge an associated worldwide freezing order. The firm had also acted for the banks in November 2017 to secure the registration and freezing order, which was successfully upheld today.

The case is the latest stage in long-running litigation in which the banks are seeking to recover sums lent to the now-defunct Kingfisher Airlines Limited, guaranteed by Mallya.

The businessman was represented by Nicholas Peacock and George Heyman of Maitland Chambers, who was instructed by the law firm Macfarlanes LLP.

The High Court judge has also refused permission to appeal today's ruling, which leaves Mallya's lawyers with the only option of directly petitioning the UK's Court of Appeal.

The claim brought by 13 Indian banks against Mallya had come up for a hearing in the High Court last month. The litigation in the Queen's Bench Division of the commercial court in England's High Court of Justice lists the State Bank of India, Bank of Baroda, Corporation Bank, Federal Bank Ltd, IDBI Bank, Indian Overseas Bank, Jammu &a 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 as the applicants.

Mallya and related concerns – Ladywalk LLP, Rose Capital Ventures Ltd and Orange India Holdings – are listed as respondents. The assets freeze order had forced Mallya on to a weekly allowance of 5,000 pounds, which his lawyers had managed to boost to 18,325.31 pounds a week at a hearing earlier this year.

According to court documents, the claim relates to a judgment of the Debt Recovery Tribunal (DRT) in Karnataka, which concluded that Mallya was "liable" to the banks in the sum of INR 62,033,503,879.42 plus interest.

The "freezing order" involves Mallya and related concerns being "restrained… until further order, from removing from the jurisdiction any of their assets in the jurisdiction up to a limit of 1,145,000,000 pounds and in any way disposing of, dealing with or diminishing the value of any of their assets whether they are inside or outside the jurisdiction up to the same value".

The UK court had earlier upheld the Indian court's injunction and given Mallya's lawyers more time to respond due to the ongoing extradition trial at Westminster Magistrates’ Court in London, which is now set for a hearing on July 11.

Meanwhile, Mallya remains on a 650,000-pound bail bond since his arrest on an extradition warrant by Scotland Yard in April last year.

The Crown Prosecution Service (CPS), representing the Indian government, has claimed that the evidence they have presented confirms "dishonesty" on the part of the businessman, who acquired the loans through misrepresentation and had no intentions of repaying them.

Mallya's defence team has been deposing a series of expert witnesses to try and establish that the default by Kingfisher Airlines was the result of a business failure within a wider context of a global financial crisis and that its owner had no "fraudulent" intentions.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
January 9,2020

The World Bank says that a lack of credit and drop in private consumption have led to a gloomy growth outlook for India with a steep cut in growth rate for the current fiscal year and only a modest gain projected for the next year.

India's growth rate is forecast to be only 5 per cent for the current fiscal year, weighed down by a growth of only 4.5 per cent in the July-September quarter, according to the 2020 Global Economic Prospects report released on Wednesday.

"In India, [economic] activity was constrained by insufficient credit availability, as well as by subdued private consumption," the Bank said.

The growth rate is forecast by the Bank to pick up to 5.8 per cent in the next fiscal year and to 6.1 per cent in 2021-22.

India's growth rate was 6.8 per cent in 2018-19.

The 5 per cent growth rate projection for the current financial year is a sharp cut of 2.5 per cent from the 7.5 per cent forecast made by the Bank in January last year, toppling it from the rank of the world's fastest growing economy.

India's performance follows a global trend of lowered growth weighed down by developed economies.

The report estimated world economic growth rate to be only 2.4 per cent last year and forecast it to edge up 0.1 per cent to 2.5 per cent in the current year.

Even with the lower growth rate of 5 per cent in the current fiscal year and 5.8 per cent forecast for the next, India holds the second rank among large economies, behind only China with an estimated growth rate of 6.1 per cent for 2019 and 5.9 per cent this year.

The report blamed "weak confidence, liquidity issues in the financial sector" and "weakness in credit from non-bank financial companies" for India's slowdown.

The Bank predicated India's recovery to 5.8 per cent in the coming financial year for India but "on the monetary policy stance remaining accommodative" and the assumption that "the stimulative fiscal and structural measures already taken will begin to pay off."

It also warned that sharper-than-expected slowdown in major external markets such as United States and Europe, would affect South Asia through trade, financial, and confidence channels, especially for countries with strong trade links to these economies."

The Bank said that the growth of advanced economies was 1.6 per cent last year and "is anticipated to slip to 1.4 per cent in 2020 in part due to continued softness in manufacturing."

In contrast the growth of emerging market and developing countries is expected to accelerate from 3.5 per cent last year to 4.1 per cent this year, the report said.

In South Asia, Bangladesh is estimated to have the highest growth rate of 7.2 per cent in the current fiscal year, although down from 8.1 per cent last fiscal year.

But its higher regional growth rates are coming off a lower base with a per capital gross domestic product of $1,698 compared to $2,010 for India.

Bangladesh is expected to grow by 7.3 per cent in the next financial year.

Pakistan's growth rate is estimated at only 2.4 per cent in the current fiscal year and is projected to rise to 3 per cent in the next, according to the Bank.

The Bank blamed monetary tightening in Pakistan for a sharp deceleration in fixed investment and a considerable softening in private consumption for the fall in growth rate from 3.3 per cent in the 2018-19 fiscal year.

Sri Lanka's growth rate was estimated to be 2.7 per cent last year and forecast to grow to 3.3 per cent this year.

Nepal grew by an estimated 6.4 per cent in the current fiscal year and will rise to 6.5 per cent in the next.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 30,2020

New Delhi, May 30: As the NDA government completes one year of its second term, Prime Minister Narendra Modi listed several achievements and initiatives taken by his government in the past year in an audio message addressed to the people of the country.

PM Modi said, "This day last year began a golden chapter in the history of Indian democracy. It was after several decades that the people of the country voted back a full-term government with a full majority."

"Your role has played a pivotal role in creating this chapter. In such a situation, this day is an opportunity for me to bow to the citizens of the country and the democratic ethos of our nation," said PM Modi.

"Had the situation been normal, I would have got the chance to meet you. Your affection and active support in the past year have given me new energy and inspiration. During this period, the way you have shown the collective powers of democracy, they have become an example for the whole world," he added.

PM Modi talked about several important initiatives taken by his government in 2014 as well as India's demonstration of its mettle through the surgical strike and airstrike.

"Six years ago in 2014, the people of this country voted to bring a major change in the country. You voted to change the country's policy and manner. During that tenure where surgical strike and airstrike took place, one rank one pension, one nation one tax GST, and better MSP for farmers were also fulfilled. That period was dedicated to fulfilling many needs of the country."

He further said that in these years the country has seen systems coming out of the quagmire of inertia and corruption. The country has seen governance change to make life easier for the poor.

"During that period, India's stature in the world increased. By opening bank accounts of poor people, by giving them gas connections, by providing free electricity connections, by building washrooms, by building houses, the dignity of the poor has also been increased," said PM Modi.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
February 5,2020

New Delhi, Feb 5: Following is the chronology of events in the 2012 Nirbhaya gang rape and murder case in which the Delhi High Court on Wednesday said the all the four convicts have to be hanged together, not separately.

- Dec 16, 2012: Paramedical student gang-raped and brutally assaulted by six men in a private bus and thrown out of the moving vehicle along with her male friend. The victims admitted to Safdarjung Hospital.

- Dec 17: Widespread protests erupt demanding stringent action.

- Police identify the accused - bus driver Ram Singh, his brother Mukesh Kumar, Vinay Sharma and Pawan Gupta.

- Dec 18: Ram Singh and three others arrested.

- Dec 20: Victim's friend testifies.

- Dec 21: A delinquent juvenile nabbed from Anand Vihar bus terminal in Delhi. Victim's friend identifies Mukesh as one of the culprits. Police conduct raids in Haryana and Bihar to nab the sixth accused, Akshay Kumar.

- Dec 21-22: Akshay arrested in Aurangabad district of Bihar and brought to Delhi. Victim records statement before the SDM in hospital.

- Dec 26: Following a cardiac arrest, victim flown to Singapore's Mount Elizabeth Hospital by the government.

- Dec 29: Victim succumbs to injuries and other medical conditions. Police add murder charge in the FIR.

- Jan 2, 2013: The then Chief Justice of India Altamas Kabir inaugurates fast track court (FTC) for speedy trial in sexual offence cases.

- Jan 3: Police file charge sheet against five adults accused of murder, gang-rape, attempt to murder, kidnapping, unnatural offences and dacoity.

- Jan 17: FTC starts proceedings against the five adult accused.

- Jan 28: Juvenile Justice Board (JJB) says minority of the juvenile accused is proved.

- Feb 2: FTC frames charges against five adult accused.

- Feb 28: JJB frames charges against the minor.

- Mar 11: Ram Singh commits suicide in Tihar Jail.

- Jul 8: FTC completes recording of testimonies of prosecution witnesses.

- Jul 11: Delhi High Court allows three international news agencies to cover the trial in the case.

- Aug 22: FTC begins hearing final arguments in trial against four adult accused.

- Aug 31: JJB convicts the minor for gang-rape and murder and awards three-year term at probation home.

- Sep 3: FTC concludes trial. Reserves verdict.

- Sep 10: Court convicts Mukesh, Vinay, Akshay, Pawan of 13 offences including gang-rape, unnatural offence and murder of the girl and attempt to murder her male friend.

- Sep 13: Court awards death penalty to all 4 convicts.

- Sep 23: HC begins hearing the convicts' death sentence reference sent to it by the trial court.

- Jan 3, 2014: HC reserves verdict on convicts' appeals.

- Mar 13: HC upholds death penalty to the 4 convicts.

- Mar 15: SC stays execution of 2 convicts, Mukesh and Pawan, after they file appeals. Later, stays execution of other convicts also.

- Apr 15: SC directs police to produce the dying declaration of the victim.

- Feb 3, 2017: SC says it would hear afresh the aspect of awarding death penalty to the convicts.

- Mar 27: SC reserves verdict on their appeals.

- May 5: SC upholds death penalty to four convicts, says the case falls under the category of 'rarest of rare' and the offence created "tsunami of shock".

- Nov 8: Mukesh, one of the four death row convicts in the case, moves SC seeking review of its verdict upholding the capital punishment awarded to him.

- Dec 12: Delhi Police opposes Mukesh's plea in SC.

- Dec 15: Convicts Vinay Sharma and Pawan Kumar Gupta move SC for review of its verdict.

- May 4, 2018: SC reserves order on review plea of Vinay and Pawan.

- Jul 9: SC dismisses review pleas of three convicts.

- Feb, 2019: Victim's parents move Delhi court for issuance of death warrants of the four convicts

- Dec 10, 2019: Akshay moves plea in SC seeking review of his death penalty.

- Dec 13: Victim's mother moves SC opposing review plea of convict

- Dec 18: SC dismisses Akshay's review plea.

- Delhi govt seeks death warrants for execution of death sentence to the 4 convicts

- Delhi court directs Tihar authorities to issue notice to convicts to avail their remaining legal remedies.

- Dec 19: Delhi HC dismisses plea of Pawan Kumar Gupta claiming he was a juvenile at the time of the offence.

- Jan 6, 2020: Delhi court dismisses complaint filed by Pawan's father seeking FIR against sole witness

- Jan 7: Delhi court orders 4 convicts to be hanged on January 22 at 7 am in Tihar jail.

- Jan 14: SC rejects curative petition of Vinay and Mukesh Kumar.

Mukesh files mercy petition before President

- Jan 17: President Ram Nath Kovind rejects mercy plea of Mukesh.

- Trial court issues death warrants again with execution date as February 1, 6 am.

- Jan 25: Mukesh moves SC against rejection of mercy plea.

- Jan 28: SC hears arguments, reserves verdict

- Jan 29: Convict Akshya Kumar approaches SC with curative petition

- SC rejects plea of Mukesh challenging rejection of his mercy plea.

- Jan 30: SC dismisses curative plea of Akshay Kumar Singh.

- Jan 31: SC dismisses plea filed by Pawan seeking review of its order rejecting his juvenility claim.

- Delhi court again postpones execution of the black warrants till further order.

- Feb 1: Centre moves HC against the trial court order.

- Feb 2: HC reserves judgement on Centre's plea.

- Feb 5: HC dismisses Centre plea against trial court order; says all 4 convicts have to be hanged together. It directs the convicts to pursue all legal remedies within a week, failing which the authorities ordered to take action in accordance with law.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.