Delhi High Court today did not hear liquor baron Vijay Mallya’s plea challenging summons issued to him by a trial court in several cheque-bouncing cases in which he has to appear on February 20.
Justice Sunil Gaur fixed May 8 for hearing of the matter after the counsel for the parties requested adjournment.
The trial court had summoned Mallya as an accused after GMR-led Delhi International Airport (DIAL), which operates the capital’s Indira Gandhi International Airport, had moved the trial court after a cheque amounting to Rs one crore issued by Kingfisher Airlines Ltd on February 22, 2012 was returned to them a month later containing the remarks “fund insufficient”.
DIAL filed four cases against Mallya for dishonor of cheques for a total amount of Rs 7.5 crore.
The airline had issued the cheques towards payment for services availed by them at the IGI airport here.
Mallya, who was denied permission by the government to be re-elected as managing director of the now-grounded Kingfisher Airlines, has approached the court seeking direction to quash the September 2, 2014 and January 13, 2014 orders of the trial court by which he was summoned as an accused in the case.
He also sought direction for quashing of the complaint of 2012 pending before the Metropolitan Magistrate here.
Metropolitan Magistrate in January last had asked Mallya to appear before him as an accused and defend himself in trial. In September last year, the sessions judge had dismissed a revision application against the previous order.
Earlier in September last year, Mallya got an interim relief from the high court when he was exempted from personally appearing in a trial court as an accused for a day.
Senior counsel Geeta Luthra and advocate Ashish Kumar, appearing for DIAL, said the interim relief to Mallya was for that day only and he has to appear before the trial court now on February 20.
Mallya, also a Rajya Sabha MP, in his plea has claimed that earlier five of them were summoned as accused in the case on DIAL’s complaint, but were granted bail.
“However, no summon was issued to him. Notice was framed against the accused persons, who were summoned by order issued on June 7, 2012. In November 2013 another application was filed and Mallya was impleaded as accused no.6 and on January 13, 2014 he was summoned as an accused,” the plea said.
“It is an admitted fact that respondent (DIAL) was well aware about the status of petitioner (Mallya) qua Kingfisher Airlines Limited (KFA) and still choose not to proceed against him,” the plea added.
It also said that “it was obviously because DIAL was aware that he was a non-resident Indian for the purpose of tax and foreign exchange regulations in India and his role was restricted to directing matter of policy on behalf of KFA and he was not involved in day to day operations of KFA as there was a full time CEO (accused no.2).”