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Fresh NBW against Vijay Mallya in a FERA violation matter

A Delhi court on Wednesday issued an open-ended non-bailable warrant against beleaguered businessman Vijay Mallya in a case of allegedly evading summons in a FERA violation matter.

Chief Metropolitan Magistrate Sumit Dass passed the order after the Enforcement Directorate submitted that non-bailable warrant issued earlier on November 4 last year by the court has not been executed and it needs more time to do so.

An 'open-ended NBW' does not carry a time limit for execution unlike 'NBW'.

The court, which put up the matter for next hearing on November 8, however, asked the agency to file a progress report in this regard within two months.

On November 4 last year, while issuing non-bailable warrant against Mallya, the court had observed that he had no inclination to return and had scant regard for the law of the land.

It had said that coercive process has to be initiated against liquor baron Mallya as he was facing proceedings in several cases and evading appearance in those matters.

The court had also held that Mallya's plea, that he wanted to return to India but was "incapacitated" to travel as his passport had been revoked by Indian authorities, was "malafide" and "abuse of the process of law".

The court also said that on October 4 it had specifically noted that he could approach authorities and obtain emergency document to return to India but the situation is that he has not taken any such step.

Mallya, who is reportedly in London, had submitted before the court on September 9 that he wanted to come back to India but was "incapacitated" to travel despite "best intentions" as his passport had been revoked. To this, the ED, on October 4, had told the court that Mallya had no intention to return to India and his passport was revoked due to his own conduct.

On July 9, the court had cancelled the exemption from personal appearance granted to Mallya and directed him to appear before it on
September 9.
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