London: Even as he renewed an appeal against his extradition to India, embattled liquor tycoon Vijay Mallya suffered another legal setback in a separate USD 40-million claims case brought by British liquor giant Diageo plc in the UK High Court. Justice Clare Moulder ruled against the 63-year-old former Kingfisher Airlines boss’ application to seek a delay in the full hearing in the case scheduled for May 23 and additionally ordered him to pay legal costs of 34,000 pounds.
She was extremely critical of the “unexplained” delays by Mallya in clearing the unpaid invoices of his previous solicitors Greenwoods, which resulted in his new solicitors Joseph Hage Aaronson (JHA) finding themselves in “difficulty” and wanting to seek an unfair adjournment. “The delay is at best unexplained and arguably of the defendant’s [Mallya] own making. In my view, the claimants [Diageo] are entitled to have their claim progressed expeditiously,” Justice Moulder said, concluding that Mallya was the “author” of his “own misfortune”.
“The claimants say that if the May hearing is adjourned they will suffer prejudice… there would be a race in relation to Mallya’s assets which are subject to a number of competing claims; Mallya may be extradited and this will affect the ability to enforce the judgment against him,” the judge noted, in reference to the extradition order and worldwide freezing order already in place against Mallya.
