Mumbai:The Bombay High Court on Thursday made it clear that it will not hear a petition filed byfugitive businessman Vijay Mallyaunless he returns to India. A bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said Mallya must first clarify whether he is willing to come back.
"You (Mallya) have to come back...if you cannot come back then we cannot hear this plea," the High Court said.
Mallya, who has been living in the UK since 2016, has filed two petitions before the High Court. One challenges the order declaring him a fugitive economic offender, and the other questions the constitutional validity of the 2018 Fugitive Economic Offenders (FEO) Act.
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The 70-year-old liquor baron faces several cases in India related to fraud and money laundering.
The bench posted the matter for further hearing on February 18 and said it was giving Mallya another chance to clarify if he is ready to return.
"We may have to record that you are avoiding the process of the court. You cannot take benefit of the proceedings. In all fairness to you, we are not dismissing the petition but giving you another opportunity," the court said.
During the previous hearing in December 2025, the court had already said it would consider the petitions only if Mallya returned to India. On Thursday, the judges directed him to file an affidavit clearly stating whether he intends to come back.
"When will you come? You (Mallya) have already argued that you are entitled to a hearing without your physical presence in a court of law. But first file an affidavit clearly stating so," Chief Justice Chandrashekhar said.
Senior advocate Amit Desai, appearing for Mallya, argued that there are court rulings which allow petitions to be heard even if the petitioner is not physically present.
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