MUMBAI: The Enforcement Directorate (ED) on Tuesday cleared way for returning the properties of fugitive economic offender Vijay Mallya to the consortium of banks.
The ED stated before the special court here that it won’t have any objection to restoring properties provided the banks give an undertaking to return the amount claimed by them to the court in the future.
The ED said that since all the applicants, except one, were public banks, the money sought to be recovered was public money and restoration of assets in their favour was in public interest.
The consortium led by the SBI had moved and application before the court seeking restoration of Mallya’s properties and ED’s ‘no objection’ came in its affidavit filed before the court in response to the application.
In its affidavit filed before special judge M S Azmi, the ED said it had left the matter to the best judgment of the court. “In case the court deems it fit to allow the application, it shall take an undertaking from them (consortium of banks) to return the said amount with interest, in case the court at any point deems ‘fit and appropriate’ in the ‘interest of justice’ to deposit the amount before it or to the complainant without delay,” it said.
While Mallya is accused of defaulting on loans worth over Rs 9,000 crore, the amount claimed by the consortium of banks was around Rs 6,200 crore.
Little likelihood of appeal being allowed
“In all probability, it will be difficult for him to assail the decision of the home secretary. I believe that there is very little likelihood of Vijay Mallya’s appeal being allowed,” said Anoop Bose, senior advocate, Supreme Court of India
Mallya can appeal against two orders
“There are two orders against him: one is the order of the magistrate, which was last year, and one is the Home secretary’s ruling. The law provides for an appeal against both orders,” said Harpreet Singh Giani, senior lawyer in India and Britain