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.

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News Network
March 27,2020

New Delhi, Mar 27: Prime Minister Narendra Modi on Friday described British premier Boris Johnson as a "fighter" and hoped he recovers from coronavirus infection.

"Dear PM @BorisJohnson, you're a fighter and you will overcome this challenge as well," Modi tweeted.

He said he prays for his good health and extends best wishes in ensuring a healthy UK.

Johnson said on Friday that he has tested positive for coronavirus after experiencing mild symptoms and is now self-isolating at 10 Downing Street in line with the medical advice.

"I am now self-isolating, but I will continue to lead the government's response via video-conference as we fight this virus," he said.

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Kannadiga
 - 
Friday, 27 Mar 2020

Fit for only bogus comments and not  for countrymens welfare. A present we all can see Kerala CMs action and program. Each and every one has to salute him i/o  Taal Bajao foolinesh.

 

 

 

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News Network
May 24,2020

New Delhi, May 24: New rules for domestic travel during the lockdown were released by the government today, including advising passengers to download the Aarogya Setu application on their mobile devices and asking states to ensure thermal screening at departure point of airports, railway stations and bus terminals. The guidelines were shared by Civil Aviation Minister Hardeep Singh Puri, who also shared new rules for international travel.

The minister had recently said that international flight operations may start by mid-June or end-July if the COVID-19 virus "behaves in a predictable manner".

"Prescribed clinical protocol will be followed in case any domestic or international traveller shows symptoms of COVID-19. States can also develop their own protocol for quarantine and isolation as per their own assessment," Mr Puri said.

The guidelines come a day before the resumption of air travel after nearly two-months hiatus following lockdown to prevent the spread of coronavirus.

The Indian Railways has also issued a list of 100 pairs of trains that it will operate from June 1, putting in operation popular trains such as Durontos, Sampark Krantis, Jan Shatabdis and Poorva Express.

Dos and Don'ts shall be provided along with tickets to travellers by agencies concerned, said the Health Ministry's guidelines for domestic travel (air/train/inter-state bus travel).

Latest guidelines on domestic & international travel have been issued by @MoHFW_INDIA.

I hope travellers strictly follow these self-regulatory norms & strengthen India's hands in this fight against COVID19. Remember, each one of us is a soldier against the pandemic.@MoCA_GoIpic.twitter.com/xVbTG1K44n

— Hardeep Singh Puri (@HardeepSPuri) May 24, 2020
Travellers shall give 14-day quarantine undertaking before boarding

The states and Union Territories shall ensure that all passengers undergo thermal screening at the point of departure and only asymptomatic passengers are allowed to board the flight, train or bus. Asymptomatic passengers, however, will be permitted to travel after they give an undertaking to self-monitor for 14 days, the ministry said.

Those having moderate or severe symptoms will be admitted to dedicated COVID health facilities and managed accordingly, the guidelines said.

Those having mild symptoms will be given the option of home isolation or isolated in the COVID Care Centre (both public and private facilities) as appropriate and tested as per ICMR protocol, they said.

"If positive, they will continue in COVID Care Centre and will be managed as per clinical protocol. If negative, the passenger may be allowed to go home, isolate himself/herself and self-monitor his/her health for further 7 days," the health ministry said.

In case, any symptoms develop they shall inform the district surveillance officer or the state or the national call centre (1075), it said.

Use of face covers, following respiratory hygine during travel

During boarding and travel, all passengers shall use face covers or masks and will also follow hand hygiene, respiratory hygiene and maintain environmental hygiene, the ministry said in its guidelines.

At airports, railway stations and bus terminals, required measures to ensure social distancing shall be taken, the guidelines said.

Airports, railway stations and bus terminals to be regularly sanitised

Airports, railway stations and bus terminals should be regularly sanitised or disinfected and the availability of soaps and sanitisers shall be ensured, the health ministry said.

The ministry said that states can also develop their own protocol with regards to quarantine and isolation as per their assessment.

Guidelines for International Travel

The guidelines for international travel include mandatory undertaking for quarrantine for 14 days. "Only for exceptional and compelling reasons such as cases of human distress, pregnancy, death in family, serious illness and parent(s) accompanied by children below 10 yrs, as assessed by the receiving states, home quarantine may be permitted for international travellers for 14 days," the Civil Aviation minister said.

Asymptomatic travelers will be allowed to board flight/ship

At the time of boarding the flight or ship, only asymptomatic travellers will be allowed to board after thermal screening, the health ministry said.. Passengers arriving through land borders will also have to undergo the same procedure, it said.

"Self-declaration form in duplicate shall be filled by the person in the flight/ship and a copy of the same will be given to Health and immigration officials present at the airport/seaport/landport. The form will be made available through the Aarogya Setu app," the new order said.

Passengers found to be symtomatic during screening shall be immediately isolated and taken to medical facility as per health protocol. "These passengers will be kept under institutional quarrantine for a minimum period of 7 days and should undergo necessary tests as per ICMR protocol," the guidelines said.

Sanitisation and disinfection must inside flights

Authorities must take adequate measures to such as environmental sanitation and disinfection at the airports as well as within the flights, the guideline said.Suitable announcement about COVID-19 including precautionary measures to be followed shall be made at airports/ports, it added.

While on board flight, ships, passengers and crew required precautions such as wearing of masks, environmental hygiene, respiratory hygiene, hand hygiene, the ministry said.

This morning, India registered the biggest-single day jump in the number of coronavirus cases as 6,767 new patients were reported in the last 24 hours. This is the third consecutive day that India has reported more than 6,000 COVID-19 cases with a record number of new patients each day. The county has officially logged 1,31,868 cases, 3,867 deaths linked to the highly infectious illness since the pandemic began. Of these, 147 patients died in the last 24 hours. The global number of novel coronavirus cases has passed 5.25 million with more than 339,000 deaths. Since the outbreak first emerged in China in December, 5,260,970 cases have been recorded across 196 countries and territories, with 339,758 deaths attributed to the virus.

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News Network
June 2,2020

London/Milan, Jun 2: World Health Organization experts and a range of other scientists said on Monday there was no evidence to support an assertion by a high profile Italian doctor that the coronavirus causing the COVID-19 pandemic has been losing potency.

Professor Alberto Zangrillo, head of intensive care at Italy's San Raffaele Hospital in Lombardy, which bore the brunt of Italy's COVID-19 epidemic, on Sunday told state television that the new coronavirus "clinically no longer exists".

But WHO epidemiologist Maria Van Kerkhove, as well as several other experts on viruses and infectious diseases, said Zangrillo's comments were not supported by scientific evidence.

There is no data to show the new coronavirus is changing significantly, either in its form of transmission or in the severity of the disease it causes, they said.

"In terms of transmissibility, that has not changed, in terms of severity, that has not changed," Van Kerkhove told reporters.

It is not unusual for viruses to mutate and adapt as they spread, and the debate on Monday highlights how scientists are monitoring and tracking the new virus. The COVID-19 pandemic has so far killed more than 370,000 people and infected more than 6 million.

Martin Hibberd, a professor of emerging infectious disease at the London School of Hygiene & Tropical Medicine, said major studies looking at genetic changes in the SARS-CoV-2 virus that causes COVID-19 did not support the idea that it was becoming less potent, or weakening in any way.

"With data from more than 35,000 whole virus genomes, there is currently no evidence that there is any significant difference relating to severity," he said in an emailed comment.

Zangrillo, well known in Italy as the personal doctor of former Prime Minister Silvio Berlusconi, said his comments were backed up by a study conducted by a fellow scientist, Massimo Clementi, which Zangrillo said would be published next week.

Zangrillo told Reuters: "We have never said that the virus has changed, we said that the interaction between the virus and the host has definitely changed."

He said this could be due either to different characteristics of the virus, which he said they had not yet identified, or different characteristics in those infected.

The study by Clementi, who is director of the microbiology and virology laboratory of San Raffaele, compared virus samples from COVID-19 patients at the Milan-based hospital in March with samples from patients with the disease in May.

"The result was unambiguous: an extremely significant difference between the viral load of patients admitted in March compared to" those admitted last month, Zangrillo said.

Oscar MacLean, an expert at the University of Glasgow's Centre for Virus Research, said suggestions that the virus was weakening were "not supported by anything in the scientific literature and also seem fairly implausible on genetic grounds."

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