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Indian businessman Vijay Mallya is seen at the Royal Courts of Justice in London in 2019, as he appealed against his extradition to India to face fraud charges. He lost the appeal. Photo: AP

India’s ‘king of good times’ Vijay Mallya loses appeal against extradition from UK

  • The Indian tycoon was arrested in London after being accused of wilfully defaulting on over US$1.3 billion in debt accumulated by Kingfisher Airlines
  • Mallya co-owned the Formula One team Force India as well as interests in aviation and liquor, and was known for his hard-partying lifestyle
India
Indian businessman Vijay Mallya lost an appeal in Britain’s High Court on Monday against a 2018 decision to extradite him to India to face fraud and money laundering charges resulting from the collapse of his defunct company Kingfisher Airlines.

India wants to bring back Mallya, 64, whose business interests have ranged from aviation to liquor, over loans which the authorities argue he had no intention of repaying.

Mallya was arrested in London in April 2017 after 17 banks accused him of wilfully defaulting on more than 91 billion rupees (US$1.3 billion) in debt accumulated by Kingfisher Airlines – a full-service carrier he founded in 2005 and shut down seven years later. A wilful defaulter refuses to repay loans despite having the means to do so.

UK home secretary approves extradition of tycoon Vijay Mallya

“The SDJ [senior district judge] was entitled to find that there was a prima facie case of fraud by false representation,” the judge said in a more than 23,000-word ruling.

Mallya, the co-owner of the Formula One motor racing team Force India which went into administration in 2018, was nicknamed “the king of good times” after the slogan of one of his premium beers and his hard-partying lifestyle.

His extradition would be a huge win for Indian Prime Minister Narendra Modi, who has faced pressure from political opponents to bring to justice several people who have fled India in recent years to escape prosecution, many for loan defaults.

The Indian government said in February that Mallya must face trial in relation to “a very substantial allegation of dishonesty”.

Mallya’s lawyer, Clare Montgomery, had argued that the 2018 extradition ruling by Judge Emma Arbuthnot had “multiple errors” because she did not take into account all the evidence about the financial status of Kingfisher Airlines.

Indian tycoon Vijay Mallya takes a smoking break outside Westminster Magistrate’s Court in London in February 2019. Photo: AP

In 2018, Arbuthnot rejected Mallya’s argument that the case was motivated by political considerations, that he would not receive a fair trial in India and that extradition would infringe his human rights.

In her judgment, Arbuthnot said that Indian banking officials might have been in “the thrall of this glamorous, flashy, famous, bejewelled, bodyguarded, ostensibly billionaire playboy who charmed and cajoled” them into ignoring their own rules and regulations.

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Mallya may now be able to appeal to Britain’s Supreme Court if his legal team argue there is a matter of law that needs to be clarified.

Mallya is also fighting a number of civil cases in the UK after defaulting on the loans. He faces a bankruptcy petition from 12 state-owned Indian banks over US$1.5 billion in debt, as well as a number of freezing orders on several of his assets, including his properties, yachts, cars and paintings.

Lawyers for the Indian tycoon, who is currently on bail, did not immediately return calls and messages seeking comment.

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