Vijay Mallya seeks stay on hearing of ED petition to declare him fugitive economic offender

“It is pertinent to note that the very same properties referred to in the order are included in the list of properties, the confiscation of which is prayed for by the applicant (ED) before this court under section 12 of the Fugitive Economic Offenders, 2018,” his application said.

He added that he has been restrained not to deal with and alter the status of the movable and immovable properties in those appeals, nor can he create any third party interest in any manner directly or indirectly till the next date.

Senior advocate Amit Desai, representing Mallya, said that status quo with regard to the properties, therefore, has to be maintained till the next hearing on November 26. He sought to defer the hearing on the ED plea till then, stating that he was “standing up” for the interests of others, including the investors.

Desai further said that there will be “complete chaos” if the court allows the ED plea for confiscation of properties belonging to Mallya, while the other forums are also hearing claims on the same properties.

ED counsel D P Singh objected to the plea to stay the hearing on the application, stating that the agency had sought to declare Mallya an economic fugitive only to ensure that he appears before it for further probe.

“The Act is not draconian but it is to get somebody to abide by the rule of law. If he appears before the ED, this application lapses, the order to confiscate his properties lapses. It is only to aid the agency to bring somebody back to the country to face the law here,” Singh submitted. The court will decide on whether to stay the hearing on October 30.