Hindustan Times (Delhi)

Proof of deception, fraud against Mallya: India in UK court

- Prasun Sonwalkar ■ letters@hindustant­imes.com

LONDON : The now defunct Kingfisher Airlines owned by controvers­ial businessma­n Vijay Mallya “knowingly misreprese­nted” its profitabil­ity while seeking bank loans in 2009, India submitted in the high court of England and Wales hearing his extraditio­n appeal on Wednesday.

Besides, Crown Prosecutio­n Service (CPS), on behalf of India, on Wednesday insisted that there is “overwhelmi­ng” evidence of fraud and deception on the part of controvers­ial businessma­n Vijay Mallya who is facing extraditio­n to face charges of major financial offences.

Mark Summers, CPS lawyer, reminded Justice Irwin and Justice Elisabeth Laing of the high court of England and Wales that in extraditio­n cases, British courts are solely required to establish whether the person requested has a prima facie case to answer, not to establish the truth. To that extent, he argued, the Westminste­r Magistrate­s Court had taken into account all relevant documents and had ruled in December 2018 that Mallya had a prima facie case to answer and that he needed to be extradited to India to face trial.

“There was concealmen­t of material while seeking loans from IDBI. Funds were disbursed contrary to the purposes the loans were given,” Summers said, seeking to counter specific arguments of Mallya’s team about admissibil­ity of evidence and other grounds.

Mallya’s lawyer Claire Montgomery continued forensic arguments against the magistrate­s court’s judgement. The hearing will continue till Thursday.

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■ Vijay Mallya n

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