Claims Vijay Mallya Made in Podcast
“The Debt Recovery Tribunal (DRT) gave a judgment debt of ₹4,999 crore borrowed by Kingfisher Airlines—not by Vijay Mallya—borrowed by Kingfisher Airlines, of which Vijay Mallya was one of the guarantors. So what is the DRT judgment?
Debt: ₹4,999 crore plus ₹1.23 crore unapplied interest, which means notional interest that the banks had not even booked, forget that—the total of the unapplied interest and the principal was ₹6,203 crore, and I was a guarantor. The government has recovered ₹14,100 crore from me.”
While making the above claim, the former Kingfisher owner cited two documents:
first, a 2017 order of the DRT and second, the Ministry of Finance's 2024–25 annual report.
The annual report mentions that India's anti-money laundering agency, the ED, has recovered ₹14,131.6 crore from Vijay Mallya. The document adds, “Complete amount of attached properties have been successfully restored to the public sector banks.”
The DRT judgment mentions that the defendants—Kingfisher Airlines, United Breweries (Holdings), Vijay Mallya and Kingfisher Finvest (India)—are jointly and individually responsible for paying ₹6,203.35 crore with interest at 11.5% per year, calculated annually, from June 25, 2013, until the full amount is recovered from them.
Raheel Patel, Partner, Gandhi Law Associates, told Outlook Business, “The debt recovery process from a wilful defaulter in India is layered but ultimately sluggish and patchy. Once declared a wilful defaulter by a lender (as per RBI norms), the borrower faces restrictions on fresh loans and directorships and lenders proceed under the (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act) SARFAESI Act, DRT Act and in high-value cases, initiate proceedings before the (National Company Law Tribunal) NCLT under (Insolvency and Bankruptcy Code) IBC or pursue attachment under PMLA if there’s a criminal angle.”
Patel added that in Mallya’s case, multiple layers kicked in—banks acted through the DRT and the ED attached assets under PMLA.
While Mallya’s assertion that the DRT ordered them to pay about ₹6,000 crore on April 4, 2017, might be true, he fails to mention what happened next. An August 31, 2020, Supreme Court order offers a timeline of events that followed the DRT ruling.
It mentions that in 2013, Indian banks led by SBI filed a case to recover ₹6,203 crore from Vijay Mallya and Kingfisher Airlines. Mallya had assured the court he wouldn't move assets, and the Karnataka High Court barred him from transferring any property.
However, in 2016, Mallya received $40 mn (about ₹340 crore) in a bank account he didn’t disclose and quickly transferred the money, violating court orders. He also failed to fully reveal his assets. In 2017, the Supreme Court found him guilty of contempt on two counts: first, for hiding asset details and second, for disobeying court orders.
Mallya later filed a review petition in January 2017, claiming he had submitted a reply. The Court admitted it had overlooked the reply but ruled it didn’t change the facts. The review was dismissed and Mallya was ordered to appear in court for sentencing on October 5, 2020.
On July 11, 2022, the Supreme Court bench led by former Chief Justice UU Lalit sentenced Mallya to four months’ imprisonment and imposed a ₹2,000 fine in the 2017 contempt case. The Court also ordered him (and the recipients who received his $40mn) to deposit the full amount plus 8% interest within four weeks—or face attachment of assets and an additional two-month jail term. These orders from all public accounts have not been fulfilled.
His claim that the ED recovered the “complete” amount of ₹14,131.6 crore is also misleading.
A UK High Court order dated April 9, 2020, stated, “The judgment debt (on Vijay Mallya) is £720,740,180.57. Due to interest accruing at a rate of 11.5% with yearly rests, the debt has increased to approximately £1.05 bn (₹11,025 crore). This figure takes account of recoveries already made.” This means Indian authorities had recovered about ₹11,000 crore from Mallya.
Later, Finance Minister Nirmala Sitharaman informed the Lok Sabha on December 17, 2024, that the ED had seized and restored assets worth ₹22,280 crore, including ₹14,131.6 crore recovered specifically from Vijay Mallya’s properties, which were handed over to public sector banks.
Tushar Kumar, Advocate, Supreme Court of India, explained, “As regards the quantum of recovery, the law permits the recovery of the principal outstanding along with all accrued contractual interest and penal interest, as well as costs of litigation and enforcement, including fees incurred in foreign jurisdictions where assets are situated.”
“In exceptional cases, such as Mallya’s, where the defaulter is declared a fugitive economic offender, the enforcement agencies are statutorily empowered to attach and dispose of properties wholly unconnected to the original loan transactions, thereby enabling recoveries that may, in aggregate, exceed the original debt,” he added.
This explains why the government may have recovered more than twice the original loan amount, contrary to Mallya’s claim. Since Mallya was declared a fugitive economic offender, enforcement agencies were legally empowered to attach and sell assets not directly linked to the original loan, enabling recoveries to exceed the outstanding dues.