MUMBAI: The Enforcement Directorate on Monday charged embattled liquor baron Vijay Mallya and his two firms for fraudulently "diverting" over Rs 3,700 crore bank loan funds to a UK-based F1 motorsport firm, a T20 IPL team, and for enjoying private jet sorties.
The ED's fresh chargesheet against Mallya and his firms is likely to pave the way for him to be declared "fugitive" under a new Indian law.
The agency named Mallya and his firms - Kingfisher Airlines Limited and United Breweries (United Breweries Holdings Limited ) - in its voluminous prosecution complaint filed before a special Mumbai court under the Prevention of Money Laundering Act.
The chargesheet revolves around a complaint received from State Bank of India on behalf of the consortium of banks for causing loss of Rs 6,027 crore to them by not keeping repayment commitments of the loans taken during 2005-10, officials said.
The ED had filed an FIR in the case in August, 2016 after going through a CBI FIR.
"The SBI, which is the consortium leader, has calculated the amount (of the loan) to the tune of Rs 9,990.07 crore (including applied interest) as on May 15, 2018," the agency said in the chargesheet.
The ED alleged that Mallya and KAL officials "hatched a criminal conspiracy for obtaining/sanctioning of bank loan to Ms KAL in gross violations of established procedures and the firm had no intention for repayment of the loan."
It charged that the accused - Mallya and KAL - projected the "brand value of the airline as a collateral security inspite of the same being a hypothetical assets and suffering from deficiencies."
It said the loans were obtained by placing the corporate guarantee of the firm UBHL and personal guarantee of Mallya, the chairman of KAL.
"KAL had offered as a security, negative lien on fleet of hire purchase/finance lease aircraft against the loans availed from the banks despite being well aware that the said security was only a symbolic security in nature and was grossly inadequate to cover the exposure of the banks," the ED said.
It added that KAL "acquired" a corporate jet for passenger operations for globe-trotting of UB group chairman Mallya, its senior officials and VVIP/chartered trips and it was stated that there would be surplus income from the operations of this plane.
"However, the said jet was never used for the said purpose and mainly used as a personal carrier for Mallya as it catered to his family members and friends," the ED alleged.