UK court awards BOC Aviation $90 million against Kingfisher

Agencies
February 12, 2018

Singapore, Feb 12: Embattled liquor tycoon Vijay Mallya has lost another legal battle linked to his now- defunct Kingfisher Airlines after the UK High Court awarded Singapore-based BOC Aviation an estimated $90 million in claims.

The latest case involving the 62-year-old businessman, whose extradition case over alleged loan defaults amounting to around Rs. 9,000 crore returns to Westminster Magistrates’ Court in London on March 16, is related to the leasing of aircraft by Kingfisher Airlines dating back to 2014.

‘No real prospect of defending claim’

Justice Picken, in a judgement dated February 5 at the Business and Property Courts of the High Court in London, ruled that “the defendants have no real prospect of successfully defending the claim.”

The defendants in the claim brought by BOC Aviation in Singapore and BOC Aviation (Ireland) Ltd have been named as Kingfisher Airlines Ltd and United Breweries (Holdings) Ltd.

"We are pleased with the judgement but would not like to comment further at this stage," said a spokesperson for BOC Aviation in Singapore.

The legal claim relates to a leasing agreement between Kingfisher Airlines and aircraft leasing company BOC Aviation involving four planes, of which three were delivered.

The delivery of the fourth was reportedly withheld due to unpaid amounts due in advance under the lease arrangement. BOC Aviation claims that the security deposit, which is a course of redress in such matters, was also inadequate to cover the payments that Kingfisher was “contractually bound” to make, resulting in the High Court claim in London.

In his order, Justice Picken awarded BOC Aviation the amount overdue along with interest payments and legal costs, which overall amounts to nearly $90 million.

"The Second Defendant [United Breweries] shall be jointly and severally liable with the First Defendant [Kingfisher Airlines] to pay the Claimants [BOC Aviation] half of the said costs liability," the court order notes.

There was no immediate response from Kingfisher.

The latest ruling comes weeks before India’s extradition case against Mr. Mallya is set to come up for one of its final hearings before Chief Magistrate Emma Arbuthnot on March 16, with a judgment expected in May.

The businessman remains on a 6,50,000-pound bail bond, extended until April 2 at the last hearing in the extradition case in January.

Mr. Mallya had been arrested on an extradition warrant by Scotland Yard in April last year and has since been appearing for his extradition trial, which opened on December 4 last year to establish if he can be forced to return to India to face charges of fraud and money-laundering involving Kingfisher Airlines’ default of bank loans worth nearly Rs. 9,000 crores.

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 intention of repaying them.

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

When the trial returns next month, the judge will hear concluding arguments on the admissibility of some of the evidence presented by the CPS, on behalf of the Indian authorities.

Parallel litigation

Meanwhile, Mr. Mallya faces parallel litigation around an estimated $1.5-billion worldwide freeze order on his assets.

According to court documents submitted at the UK High Court last year, the claim brought by 13 Indian banks is expected to come up for a two-day hearing in the Queen’s Bench Division of the commercial court in England’s High Court of Justice some time after April 11.

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News Network
January 30,2020

Jan 30: The death toll rose to 170 in the new virus outbreak in China on Thursday as foreign evacuees from the worst-hit region begin returning home under close observation and world health officials expressed “great concern” that the disease is starting to spread between people outside of China.

Thursday’s figures cover the previous 24 hours and represent an increase of 38 deaths and 1,737 cases for a total of 7,711. Of the new deaths, 37 were in the epicenter of the outbreak in Hubei province and one in the southwestern province of Sichuan.

The news comes as the 195 Americans evacuated from Wuhan, the Hubei province city of 11 million where the outbreak originated, are undergoing three days of testing and monitoring at a Southern California military base to make sure they do not show signs of the virus.

A group of 210 Japanese evacuees from Wuhan landed Thursday at Tokyo’s Haneda airport on a second government chartered flight, according to the foreign ministry. Reports said nine of those aboard the flight showed signs of cough and fever. Three of the 206 Japanese who returned on Wednesday tested positive for the new coronavirus, Prime Minister Shinzo Abe said during a parliamentary session. Two of them showed no symptoms of the disease.

France, New Zealand, Australia and other countries are also pulling out their citizens or making plans to do so.

The World Health Organization emergencies chief said the few cases of human-to-human spread of the virus outside China — in Japan, Germany, Canada and Vietnam — were of “great concern” and were part of the reason the U.N. health agency’s director-general was reconvening a committee of experts on Thursday to assess whether the outbreak should be declared a global emergency.

The new virus has now infected more people in China than were sickened there during the 2002-2003 SARS outbreak.

Dr. Michael Ryan spoke at a news conference in Geneva on Wednesday after returning from a trip to Beijing to meet with Chinese President Xi Jinping and other senior government leaders. He said China was taking “extraordinary measures in the face of an extraordinary challenge” posed by the outbreak.

To date, about 99% of the cases are in China. Ryan estimated the death rate of the new virus at 2%, but said the figure was very preliminary. With fluctuating numbers of cases and deaths, scientists are only able to produce a rough estimate of the fatality rate and it’s likely many milder cases of the virus are being missed.

In comparison, the SARS virus killed about 10% of people who caught it. The new virus is from the coronavirus family, which includes those that can cause the common cold as well as more serious illnesses such as SARS and MERS.

Scientists say there are many questions to be answered about the new virus, including just how easily it spreads and how severe it is.

In a report published Wednesday, Chinese researchers suggested that person-to-person spread among close contacts occurred as early as mid-December.

“Considerable efforts” will be needed to control the spread if this ratio holds up elsewhere, researchers wrote in the report, published in the New England Journal of Medicine.

More than half of the cases in which symptoms began before Jan. 1 were tied to a seafood market, but only 8% of cases after that have been, researchers found. They reported the average incubation period was five days.

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News Network
March 7,2020

Mumbai, Mar 7: Maharashtra Chief Minister and Shiv Sena president Uddhav Thackeray visited Ayodhya on Saturday to commemorate 100 days in office and pledged Rs 1 crore towards the building of the Ram Temple.

Taking a dig at BJP, Uddhav said his party had separated from its erstwhile ally but not Hindutva.

Recollecting the contribution of his father Balasaheb Thackeray, uddhav said he was forced to skip the Sarayu River 'aarti' due to Coronavirus fears but he would continue visiting Ayodhya.

Earlier in the day, the Sena, which heads the tripartite dispensation in the state, said there was no change in its ideology.

Launching a veiled attack on BJP, an editorial in the Sena mouthpiece 'Saamana' also said that Lord Ram and Hindutva is not the sole property of any single political party.

The Sena also said the Maha Vikas Aghadi (MVA) government — which also comprises the NCP and the Congress — has completed 100 days, much to the chagrin of those who were claiming that the new dispensation will not survive more than 100 hours.

“Those whose government lasted for 80 hours were claiming that the Thackeray regime will not last for even 100 hours. But this MVA government not only thrived but has instilled trust in the minds of people during this period with its performance,” the editorial said.

The Sena was apparently referring to the second inning of the erstwhile Devendra Fadnavis government which lasted for only 80 hours in November last year.

"Hence, CM Thackeray's visit to Ayodhya has to be welcomed as he is offering the flowers of works (done by the government) at the feet of Lord Shriram," it said.

The Sena said Thackeray's visit to the temple town is out of devotion for Lord Shriram. "The government in Maharashtra comprising three ideologically different parties is working as per Constitution and Thackeray is leading such government," it said.

The edit said on this background various questions were raised over Thackeray's visit to Ayodhya by his political opponents. "The government maybe backed by anyone, but Uddhav Thackeray and the Shiv Sena remain the same from within and outside. There is no change in the ideology. Lord Shriram and Hindutva is not the property of any single party," it stated.

Referring to senior RSS leader Suresh 'Bhaiyyaji' Joshi's remark that the Hindu community is not synonymous with the BJP and that opposing the BJP does not amount to opposing Hindus, the Sena said similarly Ayodhya belongs to all.

"The political and cultural battle in Ayodhya is now over. The Supreme Court cannot be thanked enough for this (for its verdict in the Ram Janmabhoomi-Babri Masjid dispute case that allowed construction of the Ram temple)," it said.

Hailing the Supreme Court's November, 2019 verdict, the Sena said the country had to fight a big battle to prove that Ayodhya belonged to Lord Shriram.

"In that battle, several (people) were unmasked. But only (late) Shiv Sena president Balasaheb Thackeray stood behind the Ayodhya (temple) campaigners like a mountain," it said.

Bal Thackeray created trust among Hindus from across the world about the creation of the temple, the Sena said. The party further said late Thackeray's assertion that he was proud if the Babri mosque was razed by Sena workers and that the temple of Lord Ram would come up in Ayodhya was akin to the thunder of "thousands of lightnings" in the sky.

"The Hindu culture got lit up in the glow of that lightning. The resplendent rays showed the path of power to the Hindu community. Hence, no one can deny the contribution of the 'Hinduhridaysamrat' (Bal Thackeray) as good as that of Lord Shriram, in creating the current political order in the country," the Sena said.

"We have experienced several times that Balasaheb lives in the mind of Ayodhya. Now Uddhav Thackeray himself is going there with the same faith. He had gone there when not in power. He is going there now after becoming chief minister with the same humility. Lord Shriram is of everyone," the Sena said.

The party said Maharashtra is being run on the path shown by Lord Shriram and Chhatrapati Shivaji Maharaj. "A Ram Rajya entails fulfilling promises made to the people. This is precisely what Mahatma Gandhi wanted, and the government following this ideology is in place in Maharashtra. It will continue work on that line. Ultimately, Lord Shriram is there to support it," the Sena said.

Thackeray completed 100 days in the office on Friday. He had assumed office as the chief minister of the Sena-led Maha Vikas Aghadi (MVA) government on November 28 last year, after the Sena joined hands with the NCP and the Congress.

Senior Sena leader Sanjay Raut had said that Thackeray will not take part in the 'aarti' programme on the banks of river Sarayu in the temple town.

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News Network
January 17,2020

Jan 17: President Ram Nath Kovind, on Friday, dismissed Nirbhaya convict Mukesh Singh's mercy petition, according to multiple media reports.

Mukesh Singh - one of the four convicts in the Nirbhaya gang rape and murder case had filed a mercy petition on Tuesday after Supreme Court dismissed curative petitions filed by him and Vinay Sharma (another convict).

More to follow

 

MHA forwards mercy petition of Nirbhaya convict to President; recommends rejection

New Delhi, Jan 17: The Union Home Ministry on Friday forwarded to President Ram Nath Kovind the mercy petition of one of the convicts in the Nirbhaya gangrape case, recommending its rejection, officials said.

Mukesh Singh, one of the four death row convicts in the 2012 Nirbhaya gangrape and murder case, had filed the mercy petition a few days ago.

"The Home Ministry has forwarded the mercy petition of Mukesh Singh to the President. The ministry has reiterated the recommendation of the Lieutenant Governor of Delhi for its rejection," the official said.

The Delhi LG had sent the mercy petition of Mukesh to the Home Ministry on Thursday, a day after the Delhi government recommended its rejection.

The four convicts -- Mukesh Singh (32), Vinay Sharma (26), Akshay Kumar Singh (31) and Pawan Gupta (25) were to be hanged on January 22 at 7 am in Tihar Jail. A Delhi court had issued their death warrants on January 7.

However, the Delhi government had informed the high court during a hearing that execution of the convicts will not take place on January 22 as a mercy plea has been filed by Mukesh.

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