Vijay Mallya's lawyers tell SC they cannot represent the fugitive businessman as he is 'not traceable'

Lawyers representing fugitive businessman and former Kingfisher Airlines boss Vijay Mallya have told a Division Bench of Justices D Y Chandrachud and Hima Kohli in the Supreme Court that they are not willing to represent Mallya as “he is not responding and is not traceable”. They reported that he is not appearing in any court in India despite contempt proceedings.  

The apex court was hearing Mallya’s plea against Karnataka High Court’s order, wherein his plea, to restore his appeal filed before the Debt Recovery Appellate Tribunal (DRAT), was dismissed. DRAT had asked Mallya to deposit a sum of Rs 3,101 crore within the prescribed time. His appeal was dismissed in this regard.   

In July this year, the Supreme Court awarded a four-month sentence to fugitive businessman Vijay Mallya, accused in a bank loan default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines, in a contempt case.  

The court had also observed that Mallya should deposit back $40 million with interest within four weeks and if he fails to do so it would lead to the attachment of properties. 

On Thursday (November 3), the division bench said that proper communications will be sent in this regard.  “We will list the case in January and email ID will be communicated to the registry for compliance with the service of the notice,” the bench stated.  

In 2021, the apex court had observed that it has waited "long enough" and cannot "wait longer now" for Mallya to get extradited from the United Kingdom to India, and decided to go ahead with the hearing on the quantum of punishment in the contempt case against him. 

In February this year, the apex court granted the last opportunity of two weeks for Mallya to personally present or through counsel in the contempt case against him and if he fails to do so the court will take the matter to the logical conclusion. 

In October this year, law enforcement officials in India requested their UK counterparts to expedite the extradition of fugitive businessman Vijay Mallya. The matter was discussed against the backdrop of the 90th Interpol General Assembly in Delhi.  

The UK high court cleared Mallya’s extradition in April 2020, but the matter has been on hold for two-and-half years now due to unknown reasons, as per Indian officials.