A Supreme Court Bench of Justices A.K. Goel and U.U. Lalit was caught unawares on Monday when lawyers of fugitive businessman Vijay Mallya queried why the case against their client was suddenly shifted to the court when it was already partly heard by another Bench.
The case was initially heard by a Bench of Justices Kurian Joseph and Rohinton Nariman.
That Bench had issued contempt notice to Mr. Mallya in July last. It had also agreed to give him an opportunity to be heard when he moved the court with a plea to recall its contempt notice. Dismissing submissions made by banks that Mr. Mallya should be refused a hearing in the case, the Bench had asked the banks to respond to the businessman's plea.
“Why is it listed before us? Either the judges [Justices Kurian and Nariman] must have said something or the Chief Justice of India has passed an order,” Justice Goel told senior advocate C.S. Vaidynathan, appearing for Mr. Mallya.
The Bench scheduled the case for Friday.
The banks had returned to the Supreme Court seeking contempt of court action against Mr. Mallya for providing a “vague” statement about his assets despite a Supreme Court order to facilitate the recovery of his debts worth over Rs. 6,000 crore.
The consortium of banks, represented by Attorney-General Mukul Rohatgi, argued that Mr. Mallya had failed to disclose his assets both to the court and his banks, especially the receipt of a payment of USD 40 million out of a total USD 75 million (Rs. 515 crore) from British liquor major Diageo Plc following his resignation as chairman of United Spirits Limited in February 2016.
