Eastern Eye (UK)

Indian banks can recover debt from ‘bankrupt’ Mallya

BUSINESSMA­N REFUSED PERMISSION TO APPEAL ORDER

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A BRITISH court on Monday (26) granted a bankruptcy order against Indian businessma­n Vijay Mallya, paving the way for a consortium of banks to pursue a worldwide freezing order to seek repayment of debt owed by the now-defunct Kingfisher Airlines.

“As at 15.42 [UK time], I adjudicate Dr Mallya bankrupt,” chief insolvenci­es and companies court (ICC) Judge Michael Briggs said in his ruling during a virtual hearing of the Chancery Division of the high court in London.

Led by the State Bank of India (SBI), the Indian banks, represente­d by law firm TLT LLP and barrister Marcia Shekerdemi­an, argued for the bankruptcy order to be granted in their favour.

Mallya, 65, remains on bail in the UK while a “confidenti­al” legal matter, believed to be related to an asylum applicatio­n, is resolved in connection with the unrelated extraditio­n proceeding­s.

His barrister, Philip Marshall, sought a stay as well as an adjournmen­t of the order while legal challenges remain ongoing in the Indian courts.

However, the requests were turned down by the judge who concluded that there was “insufficie­nt evidence” the debt will be paid back in full within a reasonable period of time. He also put forward an applicatio­n seeking permission to appeal against the bankruptcy order, which Judge Briggs refused as there was no “real prospect of success” of an appeal.

The petitioner­s include 13 banks, among them 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.

Mallya’s legal team contended that the debt remained disputed and that the ongoing proceeding­s in India inhibited a bankruptcy order being made in the UK. The debt in question comprises principal and interest, plus compound interest at a rate of 11.5 per cent per annum from June 25, 2013. Mallya has made applicatio­ns in India to contest the compound interest charge.

 ??  ?? LEGAL TTLE: ijay ally
LEGAL TTLE: ijay ally

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