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
May 22,2020

Bengaluru, May 22: Amazon.com Inc’s India unit said it would hire 50,000 temporary workers to meet a surge in online shopping in the country, where customers have been stuck indoors for two months in a lockdown to fight the coronavirus outbreak.

E-commerce firms faced massive disruption in the initial days of the lockdown in India, but a slow easing of the stringent regulations has allowed them to resume large parts of their operations.

"We want to continue helping customers all over India get everything they need so they can continue to practice social distancing," Amazon senior executive Akhil Saxena said in a statement on the company's blog. (bit.ly/2A1Wv7O)

“(The move) will also keep as many people as possible working during this pandemic while providing a safe work environment for them,” said Saxena, Amazon’s VP for customer fulfillment operations in APAC, MENA & Latam.

The temporary hires will work in Amazon’s fulfillment centers and as part of its delivery network, the company said, making the announcement at a time when various other companies in the country have been forced to cut jobs as they try to tide over the health crisis.

Amazon itself has pushed its annual global Prime Day event, traditionally a summer affair, to September, the Wall Street Journal reported on Thursday.

In India, where the Jeff Bezos-led company faces stiff competition from Walmart Inc’s Flipkart, Amazon earlier said it plans to create 1 million jobs by 2025.

The company also said on Thursday it plans to enter the food delivery business in India, pitting itself against well-established startups such as Swiggy and Zomato.

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News Network
July 24,2020

Lucknow, Jul 24: A special CBI court on Friday recorded the statement of veteran BJP leader LK Advani in the Babri mosque demolition case.

The statement of the 92-year-old former deputy prime minster was recorded through video conferencing in the court of special Judge S K Yadav.

On Thursday, the court recorded the statement of BJP veteran Murli Manohar Joshi in the case. 

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News Network
May 30,2020

May 30: A Delhi court on Saturday granted interim bail for 10 days to former municipal councillor from the Congress Ishrat Jahan, who has been booked under the stringent Unlawful Activities (Prevention) Act, to get married.

She has been booked under the anti-terror law in a case related to communal violence in northeast Delhi in February.

Additional Sessions Judge Dharmender Rana granted the interim relief from June 10 to June 19 to Jahan on furnishing two sureties of Rs 1 lakh.

The court directed her not to tamper with any evidence or influence the witnesses in the case.

According to the interim bail plea, filed through advocates S K Sharma and Lalit Valeecha, Jahan's marriage was fixed in 2018 for June 12, 2020.

The plea further said that Jahan would not tamper with any evidence or influence the witnesses if granted bail.

The petition, also filed through advocates Tushar Anand and Manu Prabhakar, claimed that Jahan has been falsely implicated in the case.

It alleged that upon bare perusal of the contents of the FIR, no incident of violence can be attributed to her and the wild and baseless allegations made against her were not only irresponsible and false, but also caused serious harm to her reputation.

Jahan, who is also an advocate, was only a supporter of ongoing peaceful protests and it was one of the fundamental rights of the citizens to protest and register their dissent against any unreasonable measure of the government, the plea said.

Besides Jahan, Jamia Millia Islamia University students Asif Iqbal Tanha, Gulfisha Khatoon, Jamia Coordination Committee members Safoora Zargar, Meeran Haider, president of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP councillor Tahir Hussain, activist Khalid Safi, JNU student Natasha Narwal and former student leader Umar Khalid have also been booked under the anti-terror law in the case.

The police had claimed in the FIR that Khalid and his associates had instigated people to start riots in the area and it was a "premeditated conspiracy".

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.

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