The Supreme Court is scheduled to pronounce on July 11 its order on the quantum of sentence in opposition to fugitive businessman Vijay Mallya, accused in financial institution mortgage default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines, in a contempt case the place he has been discovered responsible.
As per the trigger checklist of July 11 uploaded on the apex court docket web site, a bench headed by Justice U U Lalit would pronounce the order.
The bench, additionally comprising Justices S Ravindra Bhat and P S Narasimha, had on March 10 reserved its order within the matter observing that proceedings in opposition to Mallya have hit a “dead wall”.
The apex court docket had heard senior advocate and amicus curiae Jaideep Gupta on varied facets associated to the contempt legislation and even determined to allow the counsel, who was earlier representing Mallya, to file written submissions, if any, within the case by March 15.
Mallya’s counsel had on March 10 instructed the bench that he was handicapped within the absence of any instruction from his shopper, who’s within the United Kingdom, and wouldn’t be capable to argue on the quantum of sentence to be awarded within the contempt case.
“We have been told that there are some proceedings going on in the United Kingdom. It is like a dead wall, something is pending we do not know. What is the number (of cases) we do not know. The point is how long can we go on like this so far as our jurisdictional power is concerned,” the highest court docket had orally noticed.
Observing that it had waited “sufficiently long”, the apex court docket on February 10 had fastened the contempt case in opposition to Mallya for listening to and had given him the final alternative to seem earlier than it both personally or via his lawyer.
The prime court docket had mentioned it has given a number of alternatives to Mallya to seem both personally or via a lawyer and had even given particular instructions in its order dated November 30, 2021.
Earlier, a consortium of lending banks led by State Bank of India had moved the apex court docket alleging that Mallya was not following the court docket orders on compensation of mortgage which was then over Rs 9,000 crore.
It was alleged that he was not disclosing the property and furthermore, transferring them to his kids in violation of the restraint orders.
Solicitor General Tushar Mehta, showing for the Centre, had earlier mentioned that the court docket has inherent jurisdiction in contempt circumstances and that it has given sufficient alternative to Mallya, which he has not taken.
On November 30 final 12 months, the highest court docket had mentioned it can not wait any longer and the sentencing facet within the contempt matter in opposition to Mallya could be handled lastly.
Mallya was held responsible of contempt in 2017, and the matter was thereafter to be listed to listen to him on the proposed punishment to be awarded to him.
The prime court docket had in 2020 dismissed Mallya’s plea searching for evaluation of the 2017 verdict which held him responsible of contempt for transferring USD 40 million to his kids in violation of court docket orders.
The apex court docket had famous that as per an workplace memorandum, underneath the signature of the deputy secretary (extradition) of the Ministry of External Affairs (MEA), the proceedings for extradition have attained finality and Mallya has “exhausted all avenues for appeal” within the UK.
Mallya has been within the UK since March 2016. He is on bail on an extradition warrant executed by the Scotland Yard on April 18, 2017.
Source: www.financialexpress.com”