Khaitan and Co seeks to stop representing Vijay Mallya in Delhi High Court case

The Delhi High Court, located in New Delhi, has directed the law firm representing fugitive businessman Vijay Mallya to examine Bar Council rules after the firm sought to withdraw from a 21-year-old case due to a complete lack of contact with him. The Enforcement Directorate (ED) opposed the law firm's exit, arguing that the fugitive businessman must be notified first.

The application was filed on July 8 by the law firm Khaitan & Co before Justice V K Yadav. The firm requested to be discharged from representing Mallya, citing that they have received no instructions from him.

The legal dispute originates from a 2004 Foreign Exchange Management Act (FEMA) case. In this case, the ED challenged the relief that had been granted to Mallya and his company, United Breweries Ltd.

According to the plea filed by Khaitan & Co, the ED's appeal has been listed on several dates since 2009, during which the court issued notices to the parties involved. While United Breweries Ltd was acquired by Heineken International in 2021, Mallya himself has not come forward to provide any instructions to his legal counsel.

The law firm stated that the long passage of time between 2009 and 2025 has made it impossible to obtain instructions from the respondent.

However, the prosecuting agency, the ED, cited specific High Court and Bar Council rules governing the discharge of a lawyer or law firm. The ED insisted that Mallya must first be intimated about the decision by his lawyers before the court permits the withdrawal of the vakalatnama.

This has created a legal deadlock in the resolution of the decades-old case. Justice Yadav instructed Mallya's representing lawyer to examine the Bar Council rules and comply with the necessary procedures.