The Karnataka High Court on Wednesday issued a notice to banks in response to a petition filed by fugitive liquor baron Vijay Mallya.
The petition filed on February 3 seeks a statement of accounts detailing the amounts recovered from him, United Breweries Holdings Limited (UBHL, now in liquidation), and other certificate debtors.
Justice R Devdas directed the banks to respond by February 13.
Senior advocate Sajan Poovayya, representing Mallya, argued that the winding-up order against Kingfisher Airlines and its holding company, UBHL, had been upheld at all judicial levels, including the Supreme Court.
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He contended that the debts had already been recovered, yet additional recovery proceedings continued against Mallya.
Poovaiah informed the court that a debt recovery tribunal (DRT) had ordered Kingfisher Airlines, as the primary debtor, and UBHL, as the guarantor, to pay ₹6,200 crore.
"That order attained finality. However, between 2017 and now, the ₹6,200 crore has been recovered multiple times over. According to an admitted statement, as of today, the recovery officer confirms that ₹10,200 crore has been recovered. Additionally, the official liquidator states that the banks have regained their dues, and even the Finance Minister informed Parliament that ₹14,000 crore has been recovered," he stated.
He clarified that the petition does not dispute the repayment of loans, but argues that under the Companies Act, once the debt is fully repaid, the guarantor company (UBHL) has no remaining liability and can seek revival.
However, this process requires a certification from the recovery officer confirming that the debt has been fully settled, which has not yet been issued. Meanwhile, recoveries continue without clarity on whether the primary debt has been entirely paid.
The plea requests the banks to provide a statement detailing the amounts recovered in their favour, along with information about the original owners of the assets used to generate these recoveries, following the amended recovery certificate issued by the DRT on April 10, 2017.
Additionally, it seeks a record of any assets belonging to Mallya, UBHL, or third parties that remain with the banks but have not yet been utilised for loan recovery.
As an interim relief, the petition also seeks a stay on any further asset sales by banks under the amended recovery certificate until clarity is provided on the full settlement of the debt.
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