Offered Rs 14K cr to banks as settlement: Vijay Mallya’s UB tells SC

News Network
September 30, 2020

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New Delhi, Sep 30 : Fugitive liquor baron Vijay Mallya’s United Breweries (Holding) Ltd on Wednesday told the Supreme Court that it had offered over Rs 14,000 crore to various banks to settle its dues and that the company’s assets exceeded its total debt.

Senior advocate C.S. Vaidyanathan, appearing for United Breweries, submitted before a bench comprising Justices U.U. Lalit, Vineet Saran and S. Ravindra Bhat that the response of the banks had been received.

He contended that since the company’s assets exceeded the total debt, it was not the case wherein the company should be directed to wind up.

He insisted that the Enforcement Directorate (ED) had attached many assets of the company, as a result of which none was available to the banks.

“The total amount offered is over Rs 14,000 crore whereas the total due amount is Rs 6,203 crore plus interest. But the allocation has been only Rs 430 crore,” Vaidyanathan contended.

He added that not a single attached property had been actually attached by the ED since 2009.

Vaidyanathan said that the petitioner was the guarantor though the loans were taken by Kingfisher and others.

The submissions were made during hearing of United Breweries’ plea to challenge the Karnataka High Court order to uphold the winding-up of the company.

The counsel submitted that not a single asset had been acquired since 2009 when bank loans were allegedly siphoned off overseas. In response, Justice Lalit queried: “Has the attachment order been challenged?”

The counsel said that an appeal was filed in the Prevention of Money Laundering Act Tribunal, adding that they were told that the attachment order was for satisfying debts and the bulk of assets were in the form of shares.

He argued that the PMLA probe revealed that a major part of the total money sanctioned by the IDBI Bank was remitted outside India, and used for payments for aircraft and spare parts.

The investigation concluded that IDBI loans were not backed by marketable commodities, while orders for provisional attachment were passed on the ground of involvement in money-laundering, Vaidyanathan said.

Senior Advocate Mukul Rohatgi, representing the State Bank of India, submitted that the appeal was devoid of merits.

In the last hearing, the apex court had queried whether a company’s attached assets could be considered for liquidation for the settlement of debt. The bench will hear the matter on Thursday.

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News Network
March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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News Network
March 14,2024

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Mangaluru, Mar 14: “Hindutva is my commitment and development is my priority,” said Indian army veteran and entrepreneur Captain Brijesh Chowta after the BJP high command announced a ticket to him from Dakshina Kannada Lok Sabha constituency.

Known as a BJP stronghold, Nalin Kumar Kateel has served as the MP of this constituency for the past 15 years.

Soon after the announcement was made, 42-year-old Chowta, who is also the BJP state secretary from Dakshina Kannada constituency, sought the blessings of his parents and went to Shree Sharavu Mahaganapathi Temple and visited the war memorial to offer tributes.

A BSc graduate from St Aloysius College, he completed his executive business Management program from the Indian Institute of Management, Indore.

He was commissioned into the 7th battalion of the 8 Gorkha Rifles and served in counter-insurgency operations in Assam and Manipur and was part of Elite Ghatak team. He also served as the adjutant to the battalion. He has been associated with the BJP since 2013. He is the president of Mangaluru Kambala and organiser of Mangaluru Lit Fest.

“Humbled and grateful to our party seniors led by our commander-in-chief PM Narendra Modi for giving me this opportunity to be our party’s candidate and representative of his work and vision in Dakshina Kannada. I pledge to continue to work with even greater rigour for the welfare of our region and people driven by the mantra of ‘Nation First’. I humbly bow down to all our karyakartas & everyone who stood by me & toiled with me to make this happen. Our task has just begun, as we work towards making Dakshina Kannada the number one in the state,” Captain Chowta said on X.

Kateel welcomes change 

Meanwhile, sitting Dakshina Kannada MP Nalin Kumar Kateel has welcomed the party’s decision to field Capt Brijesh Chowta as the BJP candidate for Dakshina Kannada Lok Sabha constituency.

He said the change aligns with the party’s strategy of fostering new talent to broaden its base and activities. He hoped that he will win by a margin of more than 3 lakh votes.

Soon after the list was announced on Wednesday, the three-time MP told reporters that he has brought projects worth about Rs 1 lakh crore during the last 10 years, under the Modi government.

He thanked the party for giving him a big responsibility of leading the party in the state. “I have worked honestly,” he said.

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News Network
March 16,2024

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Ottawa, Mar 16: An Indian-origin couple and their teenage daughter were killed in a "suspicious" fire which tore through their home last week in Canada's Ontario province, police said on Friday.

A fire engulfed a home at the Big Sky Way and Van Kirk Drive area of Brampton on March 7, a press release by the Peel Police said.

After the blaze was put out, investigators located what was believed to be human remains within the gutted house, but the number of people killed couldn't be ascertained at the time.

The charred remains were on Friday identified as those of three family members: 51-year-old Rajiv Warikoo; his wife, 47-year-old Shilpa Kotha; and their 16-year-old daughter, Mahek Warikoo.

Police said that they resided at the address before the fire.

Peel police Constable Taryn Young on Friday said the fire had been deemed suspicious, the CTV news channel reported.

"At this time, we are investigating this with our homicide bureau, and we are deeming this as suspicious as the Ontario Fire Marshal has deemed that this fire was not accidental," the report quoted Young as saying.

"There's not much left to it," Young said when asked about the possible cause of the fire.

"Looking into something like that as a fire marshal, I'm sure it's very tough when there is not much left to look at. But we are exhausting all avenues," she said.

The deceased family's neighbour, Kenneth Yousaf, said that the family had lived on the street for about 15 years, and he never noticed any problems with them.

Yousaf said he was alerted to the fire last week by a family member, who heard a big "bang." "When we came out, the house was on fire. So sad. Within a few hours, everything was down to the ground," the report quoted Yousaf as saying.

In a press release, police said they are continuing to investigate the deaths of the three family members and urged anyone with information to come forward.

"The circumstances surrounding the house fire remains the focus of an active investigation, and anyone with information or video footage (dashcam or otherwise) is urged to contact Homicide detectives," police said.

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