“Return To India Or We Won't Hear Your Challenge Against FEO Act”: Bombay High Court To Vijay Mallya

The Bombay High Court on Thursday granted a last chance to former liquor baron Vijay Mallya to spell out when he plans to return to India so that his plea challenging the constitutional validity of the Fugitive Economic Offenders (FEO) Act.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that it had in a previous hearing it was made clear to Mallya to file an affidavit stating when he proposed to return to India and submit to the jurisdiction of the court. However, when the matter was called out on Thursday morning, it was informed that such an affidavit was not filed by Mallya yet. Notably, in a hearing conducted on December 22, 2025 the bench had made it clear that it will not hear Mallya's plea against the validity of the FEO Act unless he returns to India. "Today it was kept for compliance but you (Mallya) have not file the affidavit. You cannot take benefit of the pendency of your petition (challenging the FEO Act). We give you one last opportunity to file your affidavit and clarify your stand on Monday," the judges made it clear. This comes after Solicitor General Tushar Mehta apprised the bench of the fact that Mallya has not filed the affidavit as he was asked to, on a previous hearing held on December 22, 2025. Mehta pointed out that Mallya has filed another affidavit in which he has pointed out that banks are wrongly demanding money from him, only to turn the proceedings into 'recovery proceedings.'"He has filed a petition challenging the FEO Act after being a fugitive. He can come and discuss. He cannot not trust the law of the country and invoke the equity jurisdiction of this court," Mehta submitted. The Solicitor General further informed the bench that the proceedings to 'extradite' Mallya are in the 'fag end' and were 'almost done.'"He left many years back. But now that the extradition is at its fag end, he has filed this petition. The choice of timing to file this petition is also telling," the Solicitor General submitted. The judges, however, granted an opportunity to Mallya to file his affidavit indicating his return so that his petition could be entertained further. The bench had adjourned the hearing till Monday. Meanwhile, Mallya has filed an affidavit before the bench, spelling out that the authorities have recovered Rs 15,006.66 crores which are far in excess to the decretal amount determined by the Debts Recovery Tribunal (DRT) Bangalore, by an order passed on January 19, 2017 of Rs 6,203 crores with further interest of 11 per cent per annum. "I say and submit that once the principal objects for which the FEO Act was enacted i.e. recovery of outstanding dues to the Banks, has more than adequately met in the present case. On this ground alone, I humbly say and submit that this Court ought to entertain and hear the present Writ Petition (challenging validity of FEO Act)," states, the affidavit affirmed in London on February 10.The matter is likely to be heard on Monday.

“Return To India Or We Won't Hear Your Challenge Against FEO Act”: Bombay High Court To Vijay Mallya

Narsi Benwal

Tags