Vijay Mallya was acquiring assets abroad before he fled: CBI

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In a supplementary chargesheet filed by the CBI before a special court in Mumbai last year, the agency has alleged that even as the now defunct Kingfisher Airlines Limited (KAL) was facing severe financial crunch in India, its promoter Vijay Mallya was “acquiring personal assets in overseas countries”, even just before he left India in 2016.

While the supplementary chargesheet was filed on May 5, 2022, the special court took cognizance of it this month. Mallya is currently in the UK, pending extradition proceedings.

The agency has for the first time included extensive details of overseas bank accounts and transactions linked to Mallya, including the transfer of $ 40 million received by him from an agreement with Diageo Plc in 2016 to three trust accounts established in Switzerland in the names of his three children.

The CBI claimed that Mallya had received $ 40 million from Diageo under a deed of disengagement and non-compete agreement signed with the company. Under the agreement, Mallya was to receive $ 40 million upfront and the rest, $ 7 million, every year from 2017 to 2021 from Diageo in lieu of stepping down from the position of chairman of United Spirits Limited and not to compete with Diageo in Asian markets in the liquor business.

The CBI said that the amount was as an asset, which he was not bound to alienate as per personal guarantee agreement with Indian banks that had given KAL loans.

“In violation of the said agreement, Mallya received the said amounts in his account maintained with Edwards De Rothschild Bank, Switzerland, and alienated the said asset by transferring it to three trust accounts established in Switzerland in the name of his three children, Siddharth Mallya, Leana Mallya and Tanya Mallya,” the chargesheet said, adding that though the children are shown as beneficiaries, Mallya himself is named as “protector”, as such the “de-facto controller”, of accounts.

The CBI has said that Letters Rogatory were sent to the United Kingdom, the US, Mauritius and Switzerland for a detailed probe into the transactions of KAL, Mallya and others linked to him. The responses, including confidential data for his bank accounts, have been shared by various authorities of these countries.

The chargesheet also included communication that Mallya was buying real estate in France for 35 million euros and had sought to make a payment of 8 million euros from an account of one of his companies, Gizmo Holdings.

While officials of KAL and some IDBI bank officials were named in the previous chargesheets filed in 2017, the CBI said it had probed the role of a general manager of the bank, Buddhadev Dasgupta.

The agency alleged that it has emerged that Dasgupta prepared two copies of a memorandum, one placed before a credit committee that was to decide on sanction of short term loan of Rs 150 crore to KAL and another for the bank records. The CBI claimed that the official processed the request received on behalf of KAL in 2009 the same day and placed the proposal before the committee. It added that the proposal was put up with haste and without due diligence, ignoring the bank’s own records related to KAL’s pending dues.

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