A consortium of banks told the Supreme Court on Monday that Vijay Mallya, who is reportedly in Britain, is not cooperating in the investigation of cases lodged against him and was averse to disclosing foreign assets.
Further, in the rejoinder to the affidavit filed by the beleaguered businessman, the consortium said that disclosure of overseas assets by him and his family is significant for recovering the dues.
When contacted, attorney general Mukul Rohatgi said, “We have filed a rejoinder to Mallya’s affidavit in which it has been stated that he is also not indicating the date of his return to the country.”
He said the liquor baron has not agreed to deposit “substantial amount” as part of of Rs 9,400 crore loan due on him to establish his bonafide.
The A-G said the “non-disclosure” by Mallya does not enable banks to ascertain his ability to repay.
“We have nothing to do with Mallya’s claim that he cannot appear personally because of government’s action against him,” the banks said in their affidavit, adding that instead of providing material to it, Mallya and his companies prefer to submit them in sealed cover to the apex court.
The matter is listed for hearing on Tuesday.
The rejoinder was filed in response to Mallya’s affidavit that said that banks have no right over the information of his overseas movable and immovable assets as he was an NRI since 1988.
Mallya had also claimed that as an NRI, he was not obliged to disclose his overseas assets and added that his three children, wife -- all US citizens -- don’t have to disclose their assets.
“Overseas assets were not considered while granting loans,” he said in his statement.
Mallya, however,was told to demonstrate his bonafide and that of his companies, an aggregate of Rs 1,591 crores can be deposited before the apex court.
The court on April 7 had directed Mallya to disclose all assets owned by him and his family in India and abroad by April 21, while seeking an indication from him when he will appear before it.
It had asked Mallya, who owes over Rs 9,000 crore to around 17 banks, to deposit a “substantial amount” with it to “prove his bonafide” that he was “serious” about meaningful negotiations and settlement.