Bombay HC warns Vijay Mallya against posting court documents on social media

The Bombay High Court on Tuesday warned businessman Vijay Mallya against posting court documents on social media while his case is pending, after the Enforcement Directorate (ED) objected to his uploading the agency's affidavit online before it was submitted to the court.

Justice Milind Jadhav was told by ED lawyer Ashish Mehta that the agency had filed its affidavit on September 8 in response to Mallya's petition and served a copy on his legal team the same day. The matter was scheduled to be heard the following day.

Also Read: Vijay Mallya continues to evade Indian law, recovery of assets doesn't absolve him: ED


According to Mehta, Mallya uploaded the affidavit on his social media accounts later on September 8, before the court had taken it up.

The judge asked senior advocate Amit Desai, who appeared for Mallya, to caution his client against repeating the conduct.

"This is not good conduct. This is serious. Please warn him (Mallya) against doing so in future. Whatever he wants to submit he can do so in court," the court said.

"Please make your client understand, this is not the way to do it....it undermines the efficacy of the court," Justice Jadhav said.

Mallya moved the High Court in 2020 seeking closure of criminal proceedings against him, arguing that his dispute with a consortium of banks had been settled after the lenders recovered their dues.

The ED, in its response, opposed the plea and said Mallya continued to evade the process of law in India. The agency maintained that recovery of assets did not, by itself, absolve him of the money laundering allegations.

Also Read: Recovery of bank dues can't end Vijay Mallya's PMLA case: ED

The High Court on Tuesday adjourned the matter to October 13 and directed the State Bank of India (SBI) to file its affidavit-in-reply.

The ED said in its affidavit that movable and immovable properties worth Rs 14,131.6 crore, valued as of August 2021, had been handed over to the SBI-led consortium of lender banks.

However, the agency maintained that the recovery did not result in the cancellation or dropping of the money laundering charges against Mallya, who left India in March 2016.

Mallya was declared a proclaimed offender in November 2016.

The businessman faces allegations of money laundering and siphoning off at least Rs 3,500 crore from the Rs 9,000 crore in loans extended by banks to his now-defunct Kingfisher Airlines.

The ED attached Mallya's properties in 2016. In 2019, a special court allowed SBI and other lenders to use the movable assets for recovery of their dues. The assets included shares in United Breweries Holdings Ltd (UBHL).

Mallya subsequently challenged the recovery proceedings before the Bombay High Court in 2020.