Showing posts with label Vijay Mallya. Show all posts
Showing posts with label Vijay Mallya. Show all posts

Wednesday, October 1, 2014

Vijay Mallya likely to be re-elected as United Spirits chairman

Vijay Mallya likely to be re-elected as United Spirits chairman
 Mint :TUE, SEP 30 2014. 11 45 PM 


No tough questions at AGM despite alleged violation of rules, final results of shareholder vote by end of the week

Bangalore/Mumbai: It was over in 45 minutes. See, I told you it would be easy,” UB Group chairman Vijay Mallya told a director of United Spirits Ltd. To which the director replied, “Yes, I’m surprised. I thought we’d have to face questions from shareholders.”
The above conversation, recounted by two people who heard it, referred to the annual general meeting of United Spirits, which is investigating whether the company and some of its executives violated accounting and other rules.Mint couldn’t independently confirm whether the conversation took place.

Despite the inquiry and pressure from some analysts to remove Mallya from the board of United Spirits, the embattled UB Group promoter is likely to get re-elected as chairman of the company, which is now controlled by Diageo Plc.
United Spirits shareholders also approved an increase in the pay of chief financial officer (CFO) P.A. Murali, according to provisional results of voting at the annual general meeting held on Tuesday.
The final results of the shareholder vote will be released before the end of the week.
Diageo, the world’s largest distiller, now owns roughly 54.78% of United Spirits after it bought an additional 26% of the company’s shares from public shareholders for £1.11 billion in July. It first bought a 25% stake in United Spirits from India’s largest liquor company and UB Group in July 2013. Mallya’s UB Group now owns less than 5% of United Spirits, after some lenders of Kingfisher Airlines Ltd sold United Spirits shares that were pledged against borrowings.
Coming in to the AGM, some analysts had recommended removing Mallya and even Murali from the board of United Spirits, which is investigating whether the company and its executives violated accounting and other rules.
Earlier this month, proxy advisory firm Institutional Investor Advisory Services India Ltd recommended that shareholders vote against the resolutions for chairman Mallya’s reappointment and also suggested that CFO Murali should resign as director and his pay should not be increased.
“There were no tough questions for Mallya or for anyone. Mallya blamed the media and banks for his troubles,” one of the people cited above said.
Soon after United Spirits reported its thrice-delayed fourth-quarter earnings in September, it initiated an inquiry into the accounting practices of the company as several cases of suspected financial impropriety surfaced.
United Spirits, the owner of popular whisky brands such as McDowell’s No.1and Bagpiper, said the inquiry would look at whether the company and its executives had violated rules by lending money to UB Group companies. The “detailed and expeditious inquiry” would also cover some agreements allegedly entered into by United Spirits with a Kingfisher creditor and certain claims made by United Spirits debtors, some of whom are now refusing to repay the company.
Kingfisher and its directors, including Mallya, were declared wilful defaulters by at least two lenders of the grounded airline, which owes more than Rs.7,500 crore to creditors. Kingfisher said on Saturday it secured a stay from the Calcutta high court on the wilful defaulter declaration by United Bank of India, one of the airline’s several lenders.
Four United Spirits board members appointed by Diageo, all of whom are among the most respected corporate professionals in India, have quit over the past six months; earlier this month, three of them said they wouldn’t offer themselves for re-appointment.
A United Spirits spokesperson didn’t immediately respond to an email seeking comment.


Tuesday, September 16, 2014

Lenders, tax sleuths vie for first right of recovery from Vijay Mallya


The revenue department, a couple of months ago, claimed the first right to recover dues by attaching the Kingfisher House in Mumbai.


Maulik Vyas, ET Bureau | 16 Sep, 2014, 11.32AM IST
Consortium of fourteen banks has challenged revenue dept's attachment notice before Karnataka HC A consortium of 14 banks fighting to recover money they have lent to Vijay Mallya-promotedKingfisher Airlineshas challenged an attachment notice the service tax department issued against the liquor baron in the Karnataka High Court to recover tax dues. Now it's for the court to decide the first right of recovery between secured lenders and sovereign dues. 

The revenue department, a couple of months ago, claimed the first right to recover dues by attaching the Kingfisher House in Mumbai, six aircraft and two helicopters, besides freezing bank accounts of the defunct airline. 

It filed a petition with the Debt Recovery Tribunal (DRT) in Mumbai and in Bangalore where banks, led by the State Bank of India, are fighting to recover their dues from Kingfisher Airlines. While 17 banks have lent more than . 

Rs 7,000 crore to the firm, a senior tax official in the know of the development said the department has laid a claim to the tune of Rs 100 crore. 

"The avenues to get money from the company are evaporating fast and everybody wants to recover as much as they can get," the official said. Early this month, United Bank of India had declared Mallya a 'wilful defaulter' and last week SBI said it too has sent a wilful defaulter notice to him. 

Once a company is declared a wilful defaulter, criminal proceedings can be initiated against its promoters and directors, who will also not be allowed to raise fresh funds from banks and set up new ventures for five years. As per RBI guidelines, it will have to be proved that the borrower diverted funds taken from a bank and did not repay the loan despite having the ability to pay it. 

Advait Sethna, special counsel appearing for the service tax department in the case, said that the banks' challenge is an important development. "The decision in this case would be a landmark judgement and is being closely watched by the banking and finance sector, as the battle for recovery of the state dues and the bank debts intensifies," he said, adding that the decision will have "far-reaching implications". 

Prakash Mirpuri, vice-president of corporate communications at Mallya's United Breweries Group, in an email response to ET query, said, "We cannot comment on matters that are sub judice please." An email query to State Bank of India (SBI) did not elicit any response till the time of going to press. 

The consortium of banks fighting to recover money from Kingfisher includes Axis Bank Bank of Baroda, Bank of India, Central Bank of India and Corporation Bank. 

According to a revenue department official, the carrier, which stopped operations in October 2012, allegedly did not deposit the service tax collected on ticket sales with the department and diverted the money for other purposes.


Wednesday, September 10, 2014

Trouble mounts for Vijay Mallya: Now SBI slaps wilful defaulter notice on KFA

Trouble mounts for Vijay Mallya: Now SBI slaps wilful defaulter notice on KFA
PTI  Sep 10,2014

Mumbai - Days after United Bank of India declared Kingfisher Airlines, promoter Vijay Mallya and three other directors wilful defaulters, the country's largest bank State Bank of India (SBI) today said it has also sent a notice to tag them as "wilful defaulters".
"We have already sent a notice to KFA (to declare it as wilful defaulter). There is a mandatory time that needs to be given to them to respond and that time is currently on," said Arundhati Bhattacharya, Chairperson of SBI.
SBI, which is the lead bank of a lender consortium to the crippled carrier, has an exposure of over Rs 1,600 crore.
The airline owes Rs 7,600 crore to 17 banks. In February 2012, the banks had formally declared loan recall on KFA and began recovery process.
So far, they have recovered around Rs 2,000 crore by selling pledged shares. They are now working on selling two other pledged properties - Kingfisher Villa in Goa and Kingfisher House in Mumbai.
Already, United Bank of India has won a legal backing on its decision to declare Mallya and other top executives of the airline as wilful defaulters. State-run PNB and IDBI Bank, and private lenders Federal Bank and Axis Bank are also in the process of doing the same.
PNB, which has around Rs 800 crore to recover from the airline, and wants to tag the company as a wilful defaulter, has approached a Division Bench of Delhi High Court to stay a single Judge order that has allowed Mallya to send his lawyers to present his case.
According to banking norms, a defaulting borrower has to be personally present in the bank that seeks to declare him /her as wilful defaulter and can't be represented through lawyers. Citing the same, the Calcutta High Court upheld United Bank's decision on Mallya.
Asked about why SBI, the consortium leader that has the largest exposure to the airline, has been silent on the issue, she said, "Whatever is required to be done is being done. The process is already on but we don't want to talk about any particular account in public as we would prefer working silently."
Meanwhile, debt-ridden Kingfisher Airlines yesterday contested UBI's decision to declare it as a wilful defaulter, saying that RBI guidelines in this regard do not apply to the company.
"Where they need to be stopped, we have done everything. If a regulator, whether Sebi or RBI, needs to know they all know everything," Bhattacharya told PTI in an interview here.
She said banks have to follow processes to defend themselves in case Kingfisher goes to court. "We have to be very sure ourselves that we can stand in a court of law in case he goes to court, and defend our action."
Calling for better recovery mechanism backed by law and not just by RBI norms, Bhattacharya said India needs a bankruptcy law.
"I personally believe we need much stronger laws for recovery and much better bankruptcy laws. The laws which we have at present are falling short of the requirement.
"The wilful defaulter tag is in RBI regulation but the force of law is not with it. So, you need a legal mandate there," Bhattacharya, who is completing her first year as the 208-year-old bank's first woman chief, said.
Asked why don't banks bunch all cases against KFA into a superior court, she said "It is being bundled as single case on behalf of the consortium. But declaring a borrower as a wilful defaulter can be done only by individual banks and not the consortium. This is legal requirement."
Kingfisher, which stopped flying since October 2012, owes as much as Rs 7,600 crore in principal and interest accrued since January 2012 to 17 banks. Among them, Punjab National Bank and IDBI Bank have Rs 800 crore exposure each.
Besides, Bank of India has Rs 650 crore lent to the airline, followed by Bank of Baroda Rs 550 crore, United Bank of India (Rs 430 crore), Central Bank of India (Rs 410 crore), Uco Bank (Rs 320 crore), Corporation Bank (Rs 310 crore), State Bank of Mysore, (Rs 150 crore), Indian Overseas Bank (Rs 140 crore), Federal Bank (Rs 90 crore), Punjab & Sind Bank (Rs 60 crore) and Axis Bank (Rs 50 crore).
According to RBI norms, a wilful defaulter is a person/company who deliberately doesn't honour debt commitments to lenders. Once branded a wilful defaulter, a person or entity cannot access institutional credit. Such a person cannot hold office of director.
PTI

Friday, September 5, 2014

United Spirits launches inquiry into accounting issues

United Spirits launches inquiry into accounting issues
United Spirits, which is now controlled by Diageo, said it took a
write-down of Rs4,321.6 crore in the March quarter. Photo: Bloomberg


Mihir Dalal   Mint    4 Sep 2014


United Spirits initiates inquiry to investigate whether the company and its executives had violated rules by lending money to UB Group companies


Bangalore: After thrice postponing its earnings announcement because of accounting-related issues, United Spirits Ltd (USL) has initiated an inquiry to investigate whether the company and its executives had violated rules by lending money to UB Group companies, highlighting the difficulties faced by the company’s parent Diageo Plc in managing its acquisition.
USL, India’s largest liquor company, on Thursday reported its biggest-ever loss of Rs.5,380.1 crore in the March quarter because of one-time writedowns related to sale of its Whyte & Mackay unit and bad debt.
The fourth-quarter earnings, and the report by the company’s auditor BSR and Co. Llp, are the latest indicator of legacy issues faced by USL related to its financial dealings with UB Group airline Kingfisher Airlines Ltd.
Since buying a 25.02% stake in USL from the company and Vijay Mallya-owned UB Group in July last year, Diageo has been cleaning up the company’s finances and tightening corporate governance practices at the firm. Diageo now owns roughly 54.78% of USL after the world’s largest distiller bought an additional 26% of the Indian company’s shares from public shareholders for £1.11 billion two months ago.
“It was clear from Day 1 that Diageo would have to clean up United Spirits accounts,” said Shriram Subramanian, managing director of InGovern, a corporate governance research firm. “It’s surprising that they have taken so long in doing it. All these issues, especially the inter-company loans, should’ve been spotted during the due diligence process when Diageo was in talks to buy United Spirits. They’ve been in control at United Spirits for over a year and they should’ve addressed these issues much sooner.”
USL, owner of popular whisky brands such as McDowell’s No. 1 andBagpiper, said on Thursday it would conduct a “detailed and expeditious inquiry” that, among other things, will look at the inter-company loans between USL and UB Group entities that were used to prop up the now defunct Kingfisher Airlines.
The inquiry will also cover some agreements allegedly entered into by USL with a Kingfisher creditor and certain claims made by USL debtors, some of whom are now refusing to repay the company.
The inquiry may have an impact on its financial statements, USL’s independent auditor BSR and Co. warned.
The inquiry will consider the “role of individuals involved” and “potential non-compliance” with the provisions of the Companies Act, 1956, and other relevant regulations. USL is likely to hire independent advisers for the inquiry.
BSR and Co. has reserved judgement on the issues being addressed by the inquiry until it is over. USL did not say when the inquiry would be completed.
The company said in its quarterly report that debtors, who together owedRs.590.7 crore to USL, claimed that they were owed money by UB Group entities. Some of the debtors, who owed Rs.322.5 crore to USL, warned they won’t repay USL unless the UB Group entities paid them their dues.
The company “does not believe that the parties referred to above are entitled to withhold payment/repayment”, USL said. It also pointed to other matters concerning Kingfisher that are affecting its financial statements.
A creditor who is owed Rs.200 crore by Kingfisher wrote to USL saying his company had certain claims on USL’s assets based on agreements entered into in earlier years.
However, USL pointed out that its board had not approved these agreements, and the creditor backed off.
“...we are unable to conclude whether these instances can be termed as ‘fraud’ and whether there are other instances of a similar nature” until the completion of USL’s inquiry, BSR and Co. said.
Another potential headache for USL and parent Diageo is that Mallya, who is chairman of USL, was declared a wilful defaulter by state-owned United Bank of India earlier this week. The wilful defaulter tag will potentially cut off bank finance for UB Group companies and force him to quit company boards.
Mallya said on Thursday he would challenge United Bank’s decision in a court.
Mallya assured USL’s board that “he will take appropriate steps to ensure that the operations of the company are not impacted”, USL said.
USL took a write-down of Rs.4,321.6 crore in the fourth quarter, of whichRs.3,616 crore was related to the sale of its Whyte & Mackay whisky business. Its earnings were further dented by a provision of Rs.1,012.75 crore that it had to set aside to cover debts that it may not be able to recover.
USL said on 9 May it will sell Whyte & Mackay to the Philippines-basedEmperador Inc. for £430 million (about Rs.4,375 crore). It was forced to do so after British regulators raised concerns in November about the impact of Diageo’s acquisition of USL on whisky prices in the UK.
Total income for the quarter ended 31 March rose 3.84% to Rs.1,943.3 crore. The company has been losing market share to rivals Pernod Ricard andAllied Blenders and Distillers Pvt. Ltd over the past two years, and in the past six months, its market share losses have accelerated.
USL was initially expected to publish its March quarter and full-year results as far back as 16 May, but it said on 15 May that its earnings report would be delayed due to “unavoidable circumstances”.
It then said on 27 May that it would take more time to report its results, partly because of the accounting related to the sale of its Whyte & Mackay whisky business. In August, the audit committee of the company’s board raised issues about its accounting and sought “certain clarifications and information on the draft financial results and related issues” for the fourth quarter of last year.

Wednesday, September 3, 2014

What makes Mallya a 'wilful defaulter'? All you need to know about wilful defaults


SC dismisses Mallya's plea on wilful defaulter tag


Now, IDBI Bank hounds Vijay Mallya with 'wilful defaulter' tag


Reuters/Mumbai 03 Sep 14 | 09:48 AM

Lenders are increasing pressure on liquor baron Vijay Mallya to facilitate repayment of the debts of his Kingfisher Airlines , which has not flown since 2012 and owes more than $1 billion to a consortium of mostly state-run banks.



The airline founded by Mallya failed to make a profit during the eight years from launch to the grounding of its fleet in October 2012 and has been unsuccessful in efforts to find new investors to revive operations.

IDBI Bank is considering declaring Mallya a "wilful defaulter", which as per law would mean that he could be forced to stand down from any corporate posts and could damage the fundraising prospects of businesses with which he is associated, the bank's Chairman M S Raghavan said

Fellow state lender United Bank of India , among more than a dozen banks owed money by Kingfisher, has already made such a declaration as the nation's banks seek to address criticism over their failure to crack down on bad debt.


Mallya, once known as the "King of Good Times" for his flamboyant lifestyle, has until Friday to appear before an IDBI committee to explain why he should not be declared a "wilful defaulter", Raghavan told Reuters.


KEY ROLES

"If he is declared a wilful defaulter, then he has to resign from all boards," Raghavan said. "... there will be lot of pressure on him ... The companies with which he is associated as a director cannot borrow from any bank."

Kingfisher owes Rs 750 crore to IDBI Bank, Raghavan said.


Besides heading Kingfisher Airlines and his UB Group, Mallya is chairman of United Breweries , the Kingfisher beer maker now 38% owned by Heineken , and United Spirits , which is majority owned by Diageo .


"It is not possible for a bank to simply declare anybody as a wilful defaulter without following due process," said Prakash Mirpuri, a spokesman for Mallya's UB Group.


"We have robust and comprehensive answers backed by documentation to challenge any such move."

The Reserve Bank of India defines a wilful defaulter as a borrower that is able but unwilling to pay, has diverted loan proceeds for other than their initially stated use or has overstated profits to obtain a loan.


Government policymakers have voiced concern about the problem in recent months and are urging banks to get tough on borrowers as bad loans pile up in an economy experiencing its longest spell of growth below 5 percent in 25 years.

Friday, August 8, 2014

Lesson to learn from Vijay Mallya’s hubris-driven fall: don’t bet the farm

If there is anyone who demonstrates the true cost of business hubris, Vijay Mallya is Exhibit A.
Fisrt BiZ R Jagannathan  * Aug 2014
IF there is anyone who demonstrates the true cost of business hubris, Vijay Mallya is Exhibit A. He built a great airline, Kingfisher, on the basis of personal vanity, and continued vanity is now shrinking his business from empire to kingdom as Kingfisher’s Rs 7,000 crore dues force him to sell large parts of his better businesses bit by bit.
His creditors are chasing him. The taxman is chasing him. And his own former employees are In today’s newspapers (1 August), Mallya has negative mentions in at least three instances – all related to the original sin of bankrupting the now defunct Kingfisher Airlines. After a year-and-a-half of evading the summons issued by a special court on economic offences in Bangalore, he was forced to turn up yesterday (31 July) to seek bail. He got one. Mallya is accused of not remitting Rs 400 crore of tax deducted at source.
Photographers who came to record the event wereroughed up by unknown persons (though that may not be anything to do with him). And lenders are busy hawking his properties and assets, forcing him to sell larger chunks of his profitable liquor businesses. Flagship United Spirits has already gone to Diageo, control of beer company United Breweries has passed on to Heineken, and Mangalore Chemicals and Fertilizers is likely to be taken over by the Adventz Group though Mallya officially remains in saddle in all these companies.
According to this Business Standard report, Mallya, who has already ceded control of United Breweries to Heineken, may see his 32.86 percent holdings in the company fall further as lenders seek to sell another 3 percent of the shares pledged. Mallya has pledged nearly 26 percent of his holdings in UB, and even after a 3 percent sale, 23 percent of his holdings will remain in hock to the lenders.
The short point is this: in his blind pursuit of a “sexy” hubris-driven business like civil aviation, Vijay Mallya is now about to lose his crown jewels. His is a classic demonstration of management guru Jim Collins’ five-stage process of letting a business slip from success to failure. Only, in his case, Mallya has lost more than just one business. He is losing half his empire.
As I wrote earlier, in How the Mighty Fall, Collins, author of several best-selling books on corporate success and failure (Built to Last, Good to Great), gives five broad reasons why top-performing companies lose their way and collapse to either mediocrity or even bankruptcy.
Of the five reasons, the first two relate to the causes of failure (management hubris, leading to over-reach and expansion beyond the core) and the other three to how managements respond to crisis when things start going wrong (denial of risk, grasping at straws for salvation and capitulation to irrelevance).
In Mallya's case, he has not only managed to qualify on all five counts, but has added several bits of foolishness of his own. Jim Collins will have to add a few chapters when he learns about the Mallya mishaps.
Let's begin with Collins' five reasons.
Hubris: Mallya's Kingfisher foray had all the wrong reasons for entry and staying the course to disaster. He entered the business for the glamour it brought to his portfolio (which is why, in any Kingfisher flight, when Kingfisher was still flying, Mallya talked to you directly on the video), rather from any special understanding of competitive advantage. He wanted to be India's Richard Branson, forgetting the success is not easily copied.
In India, given high fuel prices and related costs, success in aviation depends on reducing costs all the time. In contrast, Mallya ratcheted up his costs wherever he could - from handing out earphones to all passengers to serving high-cost gourmet meals in business class.
When he bought Air Deccan, he failed to see that running a low-cost carrier is different from a full service airline. He made the mistake of calling it Kingfisher Red - another pointer to hubris ("my brandname") - and reduced his full-service brand to the level of a cut-price carrier despite much higher costs.
When Kingfisher was teetering on the brink and it seemed like he would have to sell the shares in his more profitable businesses, Mallya was still pretending the sale was a matter of choice. He told Business Standardtwo years ago: "I am a businessman and my businesses are for sale at the right price."
He said that in the context of his flagship United Spirits, not Kingfisher. In the case of Kingfisher, which has Rs 7,000 crore in accumulated debt and a further Rs 7,000 crore in losses, he missed the bus for getting the right price years ago.
Overreach: Mallya's prime folly, which again flowed from hubris, was overreach. The overreach happened at several levels.
First, he failed to understand the difference between running a business with 25-35 percent margins (booze) and one with 1-2 percent margins, or even losses for long periods of time (aviation). He failed to see his managerial limitations in this new business where he didn't have a clue on how to run it.
As we noted before, in the US, the last 30 years have seen nothing less than 50 airline bankruptcies. In India, we have seen at least 10 failures since aviation was opened up to the private sector in the 1990s. But Mallya did not seem to have noticed any of this. He assumed that since he was so successful in liquor, the airline business should be a breeze.
Trying to run an airline like the liquor business was his first mistake. It was also a case of unrelated diversification.
The second overreach related to his expansion with the acquisition of Air Deccan. Despite the odds, the fact is Mallya did create the best airline brand in Kingfisher. Business passengers were shifting from Air India and Jet in droves to Kingfisher, thanks to Mallya's no-expenses-spared approach to Kingfisher First Class. But when he suddenly decided that he wanted size and scale, he bought Air Deccan at a huge premium. Worse, he named it Kingfisher, too. Do you call both the premium and discount ends of the businesses the same way? It’s like calling the Toyota Corolla as Lexus Classic.
Mallya can be excused for running a lavish Kingfisher, but trying to run a cut-rate carrier like Kingfisher was folly dipped in red ink from day one.
This double overreach-from profitable liquor to an unprofitable airline and even further into a discounting airline-set the stage up beautifully for Mallya's ultimate failure.
Denial of risk: It is one thing to blunder into an unprofitable business, quite another to bet the farm on it. But this is precisely what Mallya had done. He staked almost his entire liquor business to save a sinking airline.
In business you can succeed by doing one of two things: avoid putting all your eggs in one basket (and so spread the risk), or you can put all in one basket (that is, focus on one business and stick to your core competence) and watch the basket like a hawk.
Mallya did neither. He put all his eggs on one flight to disaster - including his shareholdings and personal assets - and failed to focus on what makes an airline succeed.
Today, if Mallya has had to sell his crown jewels to Diageo and Heineken, it is because he was driven by vanity to deny he had blundered with Kingfisher. He thus pledged too much of his liquor business and his personal assets to keep Kingfisher afloat. He threw away his good business to rescue the bad. Now even Kingfisher beer under United Breweries belongs substantially to Heineken.
Did Mallya not understand, at least as late as 2010-11, when everyone knew how the aviation business was going downhill?
Did he not understand the risks involved? Like a gambler who thinks the next throw of the dice will get him his jackpot, Mallya bet the farm after his Titanic had already hit an iceberg.
Grasping for Salvation: Nothing exemplifies a bankrupt rescue effort more than Vijay Mallya's constant refrain – made almost till the middle of last year – that he was talking to investors on Kingfisher. He kept claiming help was round the corner even when banks had moved in on his properties and aircraft lessors had been willing to pay Mallya's dues to the Airports Authority of India (AAI) just to repossess their aircraft.
When aircraft lessors pay somebody to repossess what is theirs, it was essentially a telling indictment of what they thought Mallya's chances of a rescue were.
Clearly, Mallya was, till very late, living in "cloud cuckoo land" - to use HDFC Bank CEO Aditya Puri's colourful phrase, used in another context.
Capitulation to irrelevance: Vijay Mallya’s Kingfisher clearly did not have a snowball’s chance of being viable three years ago. He should have stopped pledging his shares two years before that in order to salvage the rest of his empire from going out of his control. He should have plotted an exit strategy in 2010, if not earlier. But he failed to see the writing on the wall, and all his claims – that a white knight would rescue him when foreign direct investment (FDI) was opened up – turned out to be so much hogwash.
When FDI was opened up, it was the most viable of businesses that would get investment. Kingfisher was a stretcher case, and it had the lowest chance of finding a white knight. If fuel costs fell, they would fall for everybody, and the resultant fare war would have damaged Mallya more than his rivals. Two years after Kingfisher went under, the fare wars continue. Mallya would not have succeeded in any event. His only option was to sell. He failed to do that, thanks largely to his unwillingness to admit that he goofed up big time.
So far, Vijay Mallya has gone by the textbook - Jim Collins' textbook - to show he can fail successfully.



Friday, August 1, 2014

Vijay Mallya appears in special court, gets bail

UB group chairman Vijay Mallya leaving magistrate court after appearing for a case in Bangalore on Thursday. Photo: KPN

FP 31 July 14
Vijay Mallya, chairman of Kingfisher Airlines, on Thursday got a bail on a surety of Rs 3 lakh and a guarantor from the Special Economic Offences Court in Bangalore in three  income tax cases against the grounded airline for not having remitted tax deducted at source (TDS)  worth around Rs 260 crore with the authorities for financial years 2009-10, 2010-11 and 2011-12.


The special Judge granted Mallya bail  in all three cases  but asked him to furnish  Rs 1-lakh cash and solvent surety each in all cases.
“Mallya is not likely to co-operate … He is a non-resident Indian, frequently travelling abroad … (he is) likely to sabotage the trial as he is an influential businessman …,” the I-T Department counsel was quoted as saying inThe Hindu BusinessLine.
He also expressed apprehensions that Mallya was likely to sabotage the trial as he is an "influential businessman with enormous clout."
Mallya had sought exemption from personal appearance before the court after he was served summons in cases filed by the IT department which pertains to the airline's failure to remit TDS for three consecutive financial years beginning 2009-10.
The department had claimed a TDS (tax deducted at source) due of around Rs 400 crore from the airline, which is disputing the quantum of the tax demand. The cases were filed against the airline and Mallya for not remitting TDS.
The Bangalore police had served summons to the airline and Mallya on April 1, more than a year after the IT department filed the cases before the special court. In March this year, the court had ordered a show cause notice to the city police for their repeated failure to serve the summons.
Meanwhile, The Hindu BusinessLine photographer, GRN Somashekhar,  who was covering  Mallya’s appearance in a Bangalore court, was assaulted with a helmet by a few unidentified persons.
According to a Times of India report, "a man dressed in a black coat and another unknown person approached five photographers and one TV channel woman reporter, asking them to leave the court premises. When Mallya came out of the court building, the miscreants hurled abuses at the woman reporter and hit a photographer of a business daily on the head with a helmet."

The Hindu 1 Aug 14

Kingfisher Airlines head Vijay Mallya on Thursday personally appeared before the Special Court for Economic Offences in Bangalore, in connection with three criminal cases booked against him by the Income Tax Department for not remitting around Rs. 400 crore tax deducted at source (TDS) to the government.
The court granted him bail while directing him to deposit Rs. 1 lakh as cash surety in each case, bail bonds and solvent surety for the same sum. He was also directed to cooperate in the trial.
Mr. Mallya appeared before the court at 11 a.m. and the judge of the Special Court adjourned hearing of his bail plea to 3 p.m. and asked the counsel for the I-T Department to file objections. “Mr. Mallya is not likely to cooperate with proceedings… He is a non-resident Indian, frequently travelling abroad, and therefore there is a likelihood of him not cooperating with the trial and likely to sabotage the trial as he is an influential businessman having enormous clout…,” the I-T Department said in its objection filed through his counsel Jeevan J. Neeralgi.Mr. Mallya, who came back to the court around 3 p.m., left at around 6 p.m. after signing the bail papers.
The summons was first issued to him in February 2013 after the I-T Department lodged the first of its three complaints.
However, the Bangalore City Police failed to serve summons citing one or the other reason on several occasions, despite issuance of repeated summons.
Finally, lawyers representing him appeared before the Special Court in April 2014 after the Karnataka High Court, in January 2014, refused to interfere with the criminal cases. The proceedings before the Special Court were stayed from August 2013 to January 2014 in view of the interim order passed by the High Court earlier.
The I-T Department had filed three cases during February-March 2013 after the company failed to remit TDS amount for the financial years 2009-10, 2010-11 and 2011-12.