Mumbai: Debt-ridden Kingfisher Airlines on Tuesday contested UBI's decision to declare it as a wilful defaulter, saying that RBI guidelines in this regard do not apply to the company.
The carrier, which has been grounded since October 2012, is also in the process of seeking legal recourse against the action of United Bank of India. On September 1, state-owned UBI declared Kingfisher Airlines, its promoter Vijay Mallya and three other directors wilful defaulters citing that the company allegedly indulged in diversion of funds by opening multiple accounts.
"The company is advised that none of the parameters constituting wilful default governed by the Master Circular issued by the Reserve Bank of India, apply to the company and the company is in the process of seeking legal recourse against action of UBI," Kingfisher said in a communication to the BSE.
According to the company, UBI granted the request for a personal hearing but refused the plea to be represented by external legal counsel at the personal hearing.
Kingfisher's petition seeking representation through an external legal counsel was rejected by the Calcutta High Court. Subsequently, the company filed a Special Leave Petition (SLP) before the Supreme Court, the communication said.
The company said that despite pendency of petition before the Supreme Court, UBI declared Kingfisher and its four directors as wilful defaulters.
"The SLP came up before the Supreme Court of India when the Supreme Court of India observed that the SLP had become infructuous because UBI had already declared, inter alias, the company as wilful defaulter and that the company may seek legal recourse in the appropriate court having jurisdiction at the first instance if it wishes to challenge the order of UBI," the communication said.
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