Bombay High Court has given a strict warning to businessman Vijay Mallya. The court said that until Mallya returns to India, the court will not hear his petition. In this petition, he has challenged the provisions of the Fugitive Economic Offenders Act (FEO). The court made it clear that a person who is keeping himself away from the judicial process should not expect relief from the court.
Mallya will have to tell first whether he will return to India or not.
A bench of Chief Justice Shri Chandrashekhar and Justice Gautam Ankhar said that Mallya will first have to clarify whether he will return to India or not. The court said that you (Mallya) will have to come back…if you cannot come back then we cannot hear this petition.
Mallya’s two petitions
Mallya, who has been living in Britain since 2016, has filed two petitions in the High Court, one challenging the order declaring him a fugitive economic offender and the other questioning the constitutional validity of the 2018 Act.
Next hearing will be held on 18th February
Fixing the petition for further hearing on February 18, the bench said it was giving another opportunity to Mallya to clarify whether he is ready to return to India.
Mallya is avoiding court process
The court said that we may have to record that you are avoiding the court process. You cannot take advantage of the proceedings. To be fair to you, we are not dismissing the petition but giving you another opportunity.
The court had made its stand clear in the last hearing in December 2025 that it would hear the petition only when Mallya returns to India and had sought clarification in this regard from his lawyer. Today the bench said that the businessman will have to file an affidavit clearly stating whether he will return to India or not.
Chief Justice Chandrashekhar said when will you come? You (Mallya) have already argued that you have the right to be heard without physical presence in the court. But first file an affidavit which clearly states this.
Petitions can be heard even without physical presence
Senior advocate Amit Desai, appearing for Mallya, said there are judgments which show that such petitions can be heard and decided even without the physical presence of the petitioner.
After declaration of FEO, Mallya challenged the provisions of the Act
Solicitor General Tushar Mehta argued that Mallya has challenged the provisions of the FEO Act after he was declared an FEO. Mehta argued that Mallya should first come to India, only then it could be decided whether he was liable for the payment or not. He said that Mallya should first come to India, then it will be seen whether he is a debtor or not. They cannot express distrust in the law of the country.
It was also informed by the government that the proceedings initiated by Mallya against extradition in London are in the final stages. The Solicitor General said that with extradition looming, Mallya has challenged the order declaring him a ‘fugitive economic offender’ in India. Mehta also argued that in his affidavit, Mallya has said that it is wrong for banks to demand money from him.
What are the charges against Mallya?
Meanwhile, senior advocate Amit Desai, appearing for Mallya, said that the businessman’s properties in India have already been attached by the enforcement agencies.
It is noteworthy that in January 2019, the special court hearing the cases under the Prevention of Money Laundering Act (PMLA) had declared Mallya a fugitive economic offender. He is accused of loan default and money laundering of several banks. Mallya left India in March 2016.
