Diageo plc on Thursday challenged Debt Recovery Tribunal's power to direct it to deposit $40 million, a part of $75 million payout package signed with liquor baron Vijay Mallya who is facing a multi-agency probe including for alleged money laundering.
The company contended before the tribunal that the amount was paid outside India.
"The amount of $40 million, which is a part of $75 million payout package between Mallya and us, was paid outside India and hence the DRT does not have power to direct us to attach the money before the tribunal. Such a deal does not fall in the jurisdiction of DRT," Diageo argued.
As soon as the proceedings began at the tribunal here, Diageo Counsel submitted the copy of the objections filed against SBI-led Bankers' memo, seeking depositing of $40 million before the DRT.
The consortium led by State Bank of India had filed a memo putting a claim on the payout of $40 million to Mallya by Diageo as part of the sweetheart deal.
According to the deal, Diageo agreed to pay Mallya $75 million in five instalments in lieu of the liquor baron stepping down from the post of Chairman of United Spirits.
An amount of $40 million was paid immediately after Mallya quit from chairman's post.
Making submissions before DRT Presiding Officer CR Benakanahalli, Diageo's counsel prayed that the tribunal should reject the bankers' memo for its inconsistent claims on relief.
Diageo also argued that $40 million was paid to Mallya on February 25, much before DRT's March 7 order, and hence the attempt of the bankers to recreate liability is questionable and untenable. DRT, in its March 7 order had barred Mallya from withdrawing USD 75 million exit payment from Diageo till the disposal of the case over the loan default by his Kingfisher Airlines.
It also had restrained Diageo and United Spirits ltd, owned by the UK-based firm, from temporarily disbursing the amount to Mallya, who worked out the deal under a severance package.
Diageo also argued that the remaining $35 million to be paid to Mallya was subject to certain conditions, which means it is not a guarantee that it would be transferred to him and hence there does not arise any question of attaching the money before the tribunal.
Diageo also contended that DRT will not have any jurisdiction over the transfer of remaining $35 million to Mallya because the amount will be paid outside India.
The bankers, on the other hand, sought time to consult on the interim order passed by the Bombay High Court, asking the Service Tax Department to attach the sale of proceedings of Mallya's private aircraft parked at Mumbai airport.