It added that despite inquiries from the High Court as to whether he would return to India and submit himself to the court of law here, Mallya remained elusive in his replies.
"The criminal prosecution launched pursuant to the investigation under the PMLA is not rendered infructuous merely because the claimant banks have subsequently recovered substantial amounts from the assets restored to them," the affidavit said.
Restoration of assets under the Prevention of Money Laundering Act (PMLA) was a statutory mechanism for legitimate claimants to recover their losses, the ED said.
Mallya is accused of money laundering and misappropriation of at least Rs 3,500 crore out of Rs 9,000 crore bank loans granted to his now-defunct and other lender banks to use Mallya's attached movable properties for debt recovery. Assets included United Breweries Holdings Ltd (UBHL) shares.