UK: Mallya trial resumes, more defence witnesses to depose

Agencies
December 11, 2017

London, Dec 11: The trial to prove a prima facie case of fraud against fugitive liquor baron Vijay Mallya resumes here today to determine if he can be extradited to India to face charges over his erstwhile Kingfisher Airlines.

The 61-year-old will be back in the dock at Westminster Magistrates' Court in London for day four of the hearing when his defence led by barrister Clare Montgomery, is set to depose two further witnesses in its attempt to prove that the airline's alleged default of around Rs 9,000 crore worth of bank loans was the result of business failure rather than "dishonest" and "fraudulent" activity by its owner.

Meanwhile, it has emerged that the businessman is also facing a parallel litigation in the Queen's Bench Division of the commercial court in England's High Court of Justice brought by a consortium of Indian banks to freeze his global assets.

The 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 are listed as applicants of that claim against Mallya and related concerns named as Ladywalk LLP, Rose Capital Ventures Ltd and Orange India Holdings.

Lawyers for Mallya have been granted an extension to respond to that case due to his ongoing extradition trial, expected to conclude on Thursday.

Margaret Sweeney, from the accounts team of Force India - Mallya's Formula 1 racing team, and legal expert Martin Lau are set to be deposed by his defence team at the extradition hearing today.

Judge Emma Arbuthnot will hear the case over some "interruptions" as Uber's appeal against the cancellation of its operating license in London is expected to open in the same court today.

Last week, the defence claimed that a consortium of Indian banks led by State Bank of India (SBI) had rejected an offer by the liquor baron in early 2016 to pay back nearly 80 percent of the principal loan amount owed to them.

While deposing a banking expert last week, Mallya's counsel Montgomery questioned whether her client's offer to pay back around Rs 4,400 crores of the principal debt amount on April 6, 2016, should have been "dismissed out of hand" just a day later by the banks.

Paul Rex, who was described as a banker by profession who served as an independent expert in the field for over 20 years, said that banks tend to partially provision for loans unpaid over a long period and such an offer would have helped avoid "further loss".

"A commercial bank would assess such an offer against other routes of repayment. If that offer is higher than could be expected from other sources, it would be an attractive option for banks to consider," he said, adding that state-owned banks, in particular, tend to be more susceptible to "political pressure".

However, the Crown Prosecution Service (CPS) arguing on behalf of the Indian government countered that assertion in its cross-examination, indicating that the reason such a repayment offer would have been rejected was that the banks knew Mallya had the means to pay back the entire amount due.

There are plenty of reasons why even a state bank may take a view to reject such an offer, such as if it comes from a "dishonest" person who is known to have "plenty of money to repay" the entire amount if he wants to, CPS barrister Mark Summers stated during his cross-examination.

He also made a reference to the "debtor" (Mallya) throwing a birthday party costing around 2 million pounds as a factor which could have influenced the banks' decision to reject the offer.

The cross-examination of Rex was left incomplete at the end of the third day of the trial last Thursday, to be taken up again tomorrow afternoon.

In his cross-examination, Summers had highlighted a particular "washing machine activity" picked up by the government of India that involved sums amounting to around 10 -15 million pounds being funnelled between UB Group companies to wrongly claim obligations of equity infusions into struggling Kingfisher Airlines were being met.

Indian government sources have described its case, being presented by the CPS, as "very strong".

Mallya's legal team had claimed earlier in the trial that the case against him was "politically motivated" and that it was being used as an opportunity to make "political capital" by the ruling BJP as well as Congress and Shiv Sena.

The prosecution's case rests on "three chapters of dishonesty" by Mallya misrepresentations to various banks to acquire loans, the misuse of the loans, and his conduct after the banks recalled the loans.

Mallya, who has been based in the UK since March 2016, was arrested by Scotland Yard on an extradition warrant in April this year and has been out on bail on a bond worth 650,000 pounds.

If the judge rules in favour of extradition at the end of the trial, the UK home secretary must order Mallya's extradition within two months. However, the case can go through a series of appeals in higher UK courts before arriving at a conclusion.

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News Network
June 16,2020

New Delhi, Jun 16: Jet fuel or ATF price on Tuesday was hiked by 16.3 per cent while petrol price was increased by 47 paise per litre and that of diesel by a record 93 paise on the back of firming international oil rates.

Aviation turbine fuel (ATF) price was hiked by ₹5,494.5 per kilolitre (kl), or 16.3 per cent, to ₹39,069.87 per kl in the national capital, according to a price notification by state-owned oil marketing companies.

This is the second straight increase in ATF price this month. Rates were hiked by a record 56.5 per cent (₹12,126.75 per kl) on June 1.

Simultaneously, petrol and diesel prices were hiked for the 10th day in a row.

Petrol price in Delhi was hiked to ₹76.73 per litre from ₹76.26, while diesel rates were increased to ₹75.19 a litre from ₹74.26, the price notification said.

In 10 hikes, petrol price has gone up by ₹5.47 per litre and diesel by Rs 5.8 a litre.

Rates have been increased across the country and vary from state to state depending on the incidence of local sales tax or VAT.

The hike in diesel rates is the highest daily increase since the state-owned fuel retailers started daily revision in rates in May 2017.

Hike for 10th consecutive day

Tuesday’s increase in petrol and diesel price marks the 10th straight day of rise in rates since oil companies on June 7 restarted revising prices in line with costs, after ending an 82-day hiatus.

The freeze in rates was imposed in mid-March soon after the government hiked excise duty on petrol and diesel to shore up additional finances.

Oil PSUs Indian Oil Corp (IOC), Bharat Petroleum Corp Ltd (BPCL) and Hindustan Petroleum Corp Ltd (HPCL) instead of passing on the excise duty hikes to customers adjusted them against the fall in the retail rates that was warranted because of fall in international oil prices.

The June 1 hike in jet fuel price had come after seven consecutive reductions in rates since February. ATF price in Delhi before the reduction cycle began in February was ₹64,323.76 per kilolitre, which got reduced to ₹21,448.62 last month.

Industry officials said the hike was necessitated because benchmark international rates have bounced back from a two-decade low.

While ATF prices are revised on 1st and 16th of every month, petrol and diesel prices are revised on a daily basis.

Oil companies used to revise ATF prices on the first of every month, but adopted fortnightly revisions on March 21 to pass on the benefit of falling international oil prices to airlines.

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News Network
May 24,2020

Thiruvananthapuram, May 24: Keralites on Sunday celebrated a low-key Eid-ul-Fitr amid the coronavirus lockdown in the state as most of the faithful marked the culmination of the fasting month of Ramzan by offering thanksgiving prayers at home.

The festival is being celebrated across Kerala and Jammu and Kashmir on Sunday, while the rest of the country will celebrate Eid on Monday.

Kerala Chief Minister Pinarayi Vijayan extended Eid-ul-Fitr greetings to all Keralites across the world.

State Governor Arif Mohammed Khan also extended his festival wishes to all the Keralites.

"May we also have the blessing to prevent and eliminate the COVID-19 disease," Khan tweeted.

Vijayan said this year Ramzan is celebrated at a time when the world is going through "an unprecedented crisis and misery" because of pandemic COVID-19.

"Usual celebration during Ramzan is not there anywhere in the world due to the pandemic. Instead of offering prayers at mosques, which is important for Muslims, this time the prayers and the feast is performed in their homes.

Community leaders have taken this important decision to protect the interests of the society" he added.

The chief minister said Eid-ul-Fitr gives out a message of equality, tolerance and repentance.

The state government had earlier announced that the lockdown restrictions in the state onSunday will be relaxed in the view of Eid-ul-Fitr with shops selling essential items remaining open.

The State government had earlier declared that a complete shutdown would be observed in Kerala on Sundays in order to contain the spread of the deadly virus.

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News Network
May 29,2020

New Delhi, May 29: In a powerful display of inter community solidarity, a team of Sikh volunteers visited Delhi's Jama Masjid and sanitized the 17th century monument.

As the national capital battled coronavirus, the historic Jama Masjid is closed for congregational prayers. However, the team of Sikh volunteers effectively sanitized the monument to ensure it is safe for the caretakers and visitors.

The volunteers affiliated with United Sikhs organization also met Naib Shahi Imam of Jama Masjid Syed Shaban Bukhari during the visit. The latter thanked the team for the humanitarian gesture and underlined the need for all sections of humanity to unite in the face of this crisis.

"The Sikh community has always displayed exemplary commitment to humanity and we are thankful to the United Sikhs' team for their initiative. This enormous crisis facing the human race can be fought off only if all communities, nations and people unite and fight it together. In recent weeks we have seen heart wrenching images of misery in the country as thousands of migrant workers return to their villages. At the same time we have also seen positive stories of different people uniting to help and feed them. We hope that together we will overcome this crisis," said Syed Shaban Bukhari, Naib Shahi Imam, Jama Masjid, Delhi.

Shaban Bukhari has also advised Muslims across the country to strictly avoid congregational prayers this Eid and pray at homes. He is young leader, who really believes in secularism. For him, humanity and kindness come first.

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