Indian banks win UK bankruptcy appeal in Vijay Mallya case
London, Apr 9 (PTI): A consortium of Indian banks, led by State Bank of India, on Wednesday won their court appeal in London to uphold a bankruptcy order against Vijay Mallya in a long-standing legal battle seeking repayment of a judgment debt owed by his now-defunct Kingfisher Airlines.
High Court judge Anthony Mann ruled in favour of the banks to allow an appeal heard in February, while refusing two applications seeking permission to appeal filed by the 69-year-old businessman, declared a fugitive and wanted for fraud and money laundering charges in India.
“The banks’ pleaded position on security was one which they were entitled to adopt,” Justice Mann ruled.
“The bottom line in relation to this is that the bankruptcy order stands,” he concludes.
Law firm TLT LLP, representing the banks, noted that the ruling confirmed the banks did not hold security over Mallya’s assets and that the bankruptcy petition was correct. The court also found that the realisations from assets attached by the Enforcement Directorate (ED) were conditional and did not discharge the debt under English law.
“This is a significant result for the banks. TLT are pleased to have delivered this outcome, having acted for the banks since 2017 in relation to the DRT (Debt Recovery Tribunal) judgment of GBP 1.12 billion, obtained against Dr Mallya,” said Nick Curling, legal director at TLT LLP.
The case dates back to 2017 when the banks registered the DRT’s judgment in the English courts, which pertained to a personal guarantee Mallya had provided in relation to loans made to Kingfisher Airlines. The banks then served Mallya with a bankruptcy petition in September 2018, which he opposed on multiple grounds.
In April 2020, London’s Insolvency & Companies Court (ICC) ruled that the banks held security over Mallya’s assets, rendering the bankruptcy petition partially defective under Section 269 of the Insolvency Act 1986. The banks appealed this finding, and in March 2021 Justice Snowden permitted them to bring the security appeal, which was heard this year and has now been concluded.
In the interim, the banks amended the bankruptcy petition, agreeing they would relinquish any security held if Mallya was declared bankrupt. Mallya had opposed this amendment, arguing it was contrary to Indian law and public policy. However, in April 2021, the ICC ruled that the amendment was not contrary to Indian law or public policy.
“Despite Mallya’s subsequent appeals, including an appeal against the amendment decision and the Bankruptcy Order itself, Sir Anthony Mann sitting as a judge in the High Court delivered a decisive judgment on 9 April 2025. The court allowed the Security Appeal in favour of the banks, refused Mallya’s permission to bring the amendment appeal and the appeal against the bankruptcy order and ultimately upheld the bankruptcy order,” added TLT.
Mallya, who was declared bankrupt in July 2021, is pursuing a separate annulment application in the UK court, which is now scheduled for a directions hearing in October.
“In circumstances where even the (Indian) government confirms that the assets were ‘restored’, it is fanciful to imagine that those recoveries are in any sense conditional. Mallya will, on this basis, pursue with vigour his application to annul the Bankruptcy Order in England in conjunction with proceedings in the Karnataka High Court to compel the banks to provide an accounting and come clean,” said Leigh Crestohl, Mallya’s lawyer at Zaiwalla & Co.
Meanwhile, Mallya 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.
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BJP using women's quota bill as front to pass Delimitation Bill that will break India: Mamata
Cooch Behar (WB) (PTI): Chief Minister Mamata Banerjee on Friday alleged the BJP-led NDA government at the Centre was using the proposed amendment to the women's quota law in Parliament as a front for the Delimitation Bill that would "break the country into pieces".
The TMC will fight this Central government's move at every step, she asserted at her party's poll rally here.
The Constitution (131st Amendment) Bill to tweak the women's quota law, along with the Delimitation Bill and the Union Territories Laws (Amendment) Bill, to implement the proposed amended women's quota law, in the Union territories of Delhi, Puducherry and Jammu and Kashmir, were introduced in the Lok Sabha on Thursday.
According to the Constitution amendment bill, Lok Sabha seats will be increased to a maximum of 850 from the current 543 to "operationalise" the women's reservation law before the 2029 parliamentary polls, following a delimitation exercise based on the 2011 Census.
Seats will also be increased in state and Union territory assemblies to accommodate 33 per cent reservation for women.
Opposing the Centre's move, Banerjee alleged that "the BJP brought the Delimitation Bill while keeping the women's reservation bill at the front".
"The BJP is trying to increase the number of seats in the Lok Sabha to nearly 850 through the Delimitation Bill. It will break the country into pieces," the TMC supremo said.
She also alleged that Prime Minister Narendra Modi was not speaking the truth about the development of north Bengal at a BJP rally last week.
"The prime minister said nothing was done for the development of north Bengal. But we spent Rs 1.72 lakh crore on the development of the region," Banerjee said and asked Modi to cross-check data before making such remarks.
