The Delhi High Court on Monday questioned the continued representation of fugitive businessman Vijay Mallya in a criminal appeal filed by the Directorate of Enforcement (ED) against United Breweries Ltd. and Mallya, after counsel informed the Court that they no longer had instructions to appear for him despite remaining on record.

The appeal arises from proceedings initiated by the ED under the Foreign Exchange Management Act (FEMA) against United Breweries and Vijay Mallya.

At the outset, Advocates Ajay Bhargava and Vanita Bhargava appearing for Respondent No. 1 (United Breweries Ltd.) submitted that while they continued to represent the company, they no longer had instructions from Respondent No. 2, Vijay Mallya, and sought time to move an application seeking discharge from the vakalatnama.

The ED, however, submitted that, as of today, counsel representing Respondent No. 2 was present in Court and, therefore, there was no need to issue a fresh notice. Accepting the submission, the Bench observed that, as of today, counsel continued to represent Respondent No. 2.

The Court further remarked that if counsel wished to cease representing Mallya, the necessary steps ought to have been taken earlier instead of waiting for the Court to raise the issue.

After hearing the parties, the Bench granted Respondents No. 1 and 2 time to move an appropriate application regarding the representation of Respondent No. 2. It directed that an advance copy of the application be furnished to the opposite side and adjourned the matter for further hearing.