The Delhi High Court on Monday sought clarity regarding the continued legal representation of fugitive businessman Vijay Mallya in a criminal appeal filed by the Directorate of Enforcement (ED), after counsel appearing in the matter informed the Court that they no longer had instructions to represent him despite their vakalatnama continuing to remain on record.
The criminal appeal arises out of proceedings initiated by the ED under the provisions of the Foreign Exchange Management Act, 1999 (FEMA) against United Breweries Limited and Mallya.
At the outset of the hearing, Advocates Ajay Bhargava and Vanita Bhargava submitted that while they continued to represent Respondent No. 1, United Breweries Limited, they were no longer receiving instructions from Respondent No. 2, Vijay Mallya. They sought time to file an appropriate application seeking discharge from the vakalatnama to the extent of their representation of Mallya.
Opposing any proposal for issuance of a fresh notice to Mallya, the ED submitted that, as on the date of hearing, the advocates continued to appear on behalf of Respondent No. 2 and their vakalatnama remained valid on record. Consequently, there was no occasion for the Court to direct fresh service of notice upon Mallya.
Taking note of the submission, the Bench observed that counsel presently continued to represent Respondent No. 2 in the proceedings. The Court further remarked that if the advocates intended to withdraw from representing Mallya, they ought to have taken appropriate procedural steps by moving a formal application for discharge instead of waiting for the issue to be flagged during the course of the hearing.
After considering the rival submissions, the High Court granted Respondents No. 1 and 2 time to file an appropriate application regarding the legal representation of Vijay Mallya. The Bench directed that an advance copy of the proposed application be furnished to the ED before the next date of hearing and adjourned the matter for further proceedings.
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