"We have not been able to trace the money (USD 40million) which was transferred to Mallya by Diageo Plc and subsidiaries. Therefore, we request the honorable Tribunal to grant us recovery certificate to start proceedings against Mallya to recover our debts from him," SBI Counsel Nagananda said.
He made the plea while making a submission on its original application seeking recovery of debts from Mallya and his companies before DRT Presiding Officer C R Benakanahalli.
Making submissions on Kingfisher Finvest India versusthe bank case, Nagananda submitted the defendants - Mallya and Kingfisher Airlines Limited - have not filed any denial against allegations of fraud made against them, which makes the bank's case strong to recover debts from Mallya and his companies.
"Mallya and Kingfisher have notsubmitted any denials against the allegations of fraud made byus against them and hence it makes our case strong to recover debt," he said.
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Nagananda contended Kingfisher Finvest was fully owned by Mallya, in contrast to the submissions made by the company's counsel in the Tribunal earlier.
Nagananda also said the bank has been making sincereand genuine efforts to recover debt from Mallya and his entities but he had been thwarting the bank's efforts to takeover his properties by seeking adjournments in courts.
Hence, Kingfisher Finvest India's pleas could be heardat the disposal stage of the final hearing, he said.
Mallya, whose now-defunct group company Kingfisher Airlines owes over Rs 9,000 crore (Rs 90 billion) to a consortium of 17 banks led by SBI,had left the country on March 2 and is in the UK.