Liquor baron Vijay Mallya told a Delhi court on Friday that he was unable to remain present during the hearing of a case against him as Indian authorities revoked his passport in April, this year.
"I was living in London (United kingdom) at that time (when the passport was revoked), and have been a permanent resident there of, for nearly three decades," he said in an exemption application filed through his lawyer Ajay Bhargava.
Mallya is charged with alleged violation of foreign exchange rules.
Mallya also claimed that he has no travel document which could enable him to come to India.
The defence counsel further apprised the court that on April 15 to "the utter shock and surprise," Mallya passport was suspended by Indian passport authority.
Thereafter, on April 23 without even affording a personal hearing which was duly requested, his passport was revoked.
In an email exchange with his lawyer, Mallya expressed his willingness to return stating, "I find myself incapacitated to travel to India at this moment, even though, I am making all the efforts to have the said revocation of my passport set aside."
On July 9, chief metropolitan magistrate Sumit Dass had revoked Mallya's exemption granted to him in the year 2000 directing him to appear in court on Friday.
However, Enforcement Directorate lawyer Navin Matta told the court that Mallya is evading questioning and proceedings in various other matters pending against him.
The court has sought a reply from ED and fixed the matter for further hearing on October 4.
The ED has accused Mallya of allegedly paying $200,000 to a London-based firm Benetton Formula Ltd for promotion of the Kingfisher brand abroad. According to ED, Mallya had paid this amount to the British firm for displaying the Kingfisher logo during the Formula One World Championships in London and some European countries in the years 1996-1998. ED stated the money was allegedly paid without prior approval from the Reserve Bank of India in violation of FERA norms.
After a protracted legal battle, on November 23, 2015, the State Bank of India (SBI) tagged Mallya and two of his companies as wilful defaulters after they failed to clear loans given to the long-grounded Kingfisher Airlines. Mallya owes a consortium of banks led by the SBI dues to the tune of Rs 9,000 crore.
Despite a lookout notice circulated by the Central Bureau of Investigation (CBI), to all the airports, Mallya evaded authorities and left the country for the United Kingdom on March 2, 2016.
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