"Cannot Establish Contact With Him": SC Discharges Vijay Mallya's Lawyer From Former's Case

The Supreme  Court on Thursday discharged the Lawyer E.C. Agarwala of the fugitive businessman  Vijay Mallya from the latter's case as the Lawyer informed the Court that he  was not receiving any communication from Mallya and sought to be discharged from  the case as Counsel.
The Bench of Justice DY Chandrachud and Justice Hima Kohli allowed the discharge of the Advocate from the case and asked him to furnish the e-mail ID of the liquor baron along with his present residential address in the United Kingdom to the Apex Court registry.
"Counsel seeking discharge the case because in spite of communication from his end, no instruction is forthcoming," the bench said and asked the lawyer to follow the process of discharge.
Agrawala told the top court, "I want to be discharged from this matter as I am not receiving any instructions from my client. I am not able to establish contact with him. He is incommunicado for a long time."
AOR Sanjay Kapur appeared for the Respondent before the Apex Court.
The Court discharged  the lawyer from the two petitions filed by Mallya against the October 5, 2018  and September 13, 2019 orders of the Karnataka High Court directing him to pay  Rs 3,101 crore to a consortium of banks.
In a separate case, on July 11, the apex court had sentenced Mallya to four  months in jail for contempt of court, and directed the Centre to secure the  presence of the fugitive businessman who has been in the UK since 2016 to  undergo the imprisonment.
  
  The top court had said Mallya, 66, never showed any remorse nor tendered any  apology for his conduct and adequate punishment must be imposed to maintain the  majesty of the law.
  
  The top court had also imposed a fine of Rs 2,000 on Mallya, who was held  guilty of committing contempt of court by the top court on May 9, 2017, for  transferring USD 40 million to his children in violation of court orders.
  
  According to the Contempt of Courts Act, 1971, a person may be punished with  simple imprisonment of up to six months, or with a fine up to Rs 2,000, or both  for contempt of court.
  
  The top court had directed that Mallya and the beneficiaries under the said  transactions relating to USD 40 million shall be bound to deposit the amount  received along with interest at the rate of eight per cent per annum with the  recovery officer concerned within four weeks.
  
  It had said in case the amount is not deposited, the recovery officer concerned  shall be entitled to take appropriate proceedings for recovery of money and the  Government of India and all agencies concerned shall extend assistance and  complete cooperation.
  
  The top court had said that the fine shall be deposited in the apex court  registry within four weeks and upon such deposit the amount shall be handed  over to the Supreme Court Legal Services Committee.
  
  It said in case the fine amount of Rs 2,000 is not deposited within the  stipulated time, Mallya shall undergo a further sentence of two months.
  
  The apex court said in spite of repeated opportunities afforded to Mallya, no  submissions were advanced on his behalf either on the purging of contempt or on  the quantum of punishment.
  
  The transactions referred to in the judgement and order dated May 9, 2017 in  terms of which the amount of USD 40 million was disbursed to the beneficiaries  are held to be "void and inoperative", the court had said.
  
  It had noted that in its May 9, 2017 verdict, the apex court had found that the  action on part of Mallya in disbursing the amount of USD 40 Million was against  the "text and tenor" of orders passed by the Karnataka High Court and  that the contemnor was guilty of contempt.
  
  It had said the Government of India, including the Ministry of External Affairs  and all other agencies or instrumentalities, shall carry out the directions  issued by the court with due diligence and utmost expediency.
  
  Mallya is an accused in a bank loan default matter of over Rs 9,000 crore  involving his defunct Kingfisher Airlines.
  
  The apex court had in 2020 dismissed Mallya's plea seeking a review of the May  2017 verdict.
  
  Mallya has been living in the United Kingdom since March 2016. He is on bail on  an extradition warrant executed by Scotland Yard on April 18, 2017.
  
  A consortium of lending banks led by State Bank of India had moved the apex  court alleging that Mallya was not following the court orders on repayment of  the loan which was then over Rs 9,000 crore.
  
  Separately, Mallya has also challenged Karnataka High Court orders of October  5, 2018 and September 13, 2019.
  
  The orders upheld the decision of the Debts Recovery Appellate Tribunal (DRAT),  Bangalore to deposit Rs 3,101 crore as a precondition to hearing his appeal  against a Debt Recovery Tribunal (DRT) order.
  
  The DRT Bangalore had on January 19, 2017 directed Mallya to pay Rs 6,203 crore  with interest to a consortium of banks led by State Bank of India, who had lent  money for now defunct Kingfisher Airlines.
  
  Mallya challenged the order in 2018 before the DRAT, which dismissed the appeal  for want of appearance and non-compliance of objections.
  
  He again moved DRAT and filed an application seeking restoration of his appeal.
  
  The DRAT, on March 28, 2018, directed Mallya to deposit Rs 3,101 crore on or  before April 25, 2018 and observed that in case of failure in compliance, the  appeal will be liable to be dismissed automatically.
Cause Title – Vijay Vittal Mallya v. State Bank of India & Ors.
With PTI Inputs


