Bombay High Court gives Vijay Mallya 'one last chance' to return to India

The Bombay High Court granted Vijay Mallya "one last chance" to confirm whether he intends to return to India, making it clear that the petition challenging his declaration as a fugitive would not be heard otherwise.

The Bombay High Court on Thursday observed that fugitive businessman Vijay Mallya was “avoiding the process of the court” and therefore could not seek equitable relief in proceedings initiated by him.

A bench of Chief Justice Alok Aradhe and Justice Gautam Ankhad granted Mallya “one last chance” to clarify whether he intends to return to India, warning that his plea would not be heard otherwise.

The court was hearing Mallya’s petition challenging the constitutional validity of the Fugitive Economic Offenders Act (FEOA) and the proceedings declaring him a fugitive economic offender. In December, the bench had made it clear that it would consider his plea only if he returned to India and submitted to its jurisdiction.

The judges said they were inclined to record that Mallya was deliberately evading the court’s process and therefore could not take advantage of equity.

“You have to come back. If you cannot come back, then we cannot hear this plea. You are avoiding the court process, so you cannot take benefit of the proceedings. In fairness to you, we are not dismissing it; we are giving you another opportunity,” the bench said.

Earlier, the court had directed Mallya to file a compliance affidavit stating whether and when he intended to return to India. The bench noted that this direction had not been followed.