The Delhi high court on Monday dismissed a Swiss firm’s plea seeking restriction on possible coercive action against it for not appearing in a trial court in connection with a corruption case linked to the 2010 Commonwealth Games.
A division bench of justice Mukta Gupta said, “The petition is dismissed.”
Swiss Timing is an accused in a Commonwealth Games corruption case for allegedly getting a contract illegally and causing a loss of over Rs 90 crore to the exchequer.
Seeking a stay on possible coercive measures against it, ordered by a lower court, the Swiss firm approached the high court. It alleged that it had not been served any summons as per the law dealing with offshore companies and, as a result, could not appear in the trial court.
The firm alleged that the Central Bureau of Investigation (CBI) did not send the translated version of documents, along with the summons, to Swiss Timing and it was violative of international law.
Advocate Amit Desai, appearing for the Swiss firm, said improper service of summons outside India impinged on the sovereignty of Switzerland.
Till date the investigating agency had not been able to establish that summons were served on the company in Switzerland, the Swiss firm alleged.
“There is no proof in this regard and it misled the lower court on the issue,” the firm said.
However, opposing the firm’s plea, the CBI had said it served summons on Swiss Timing as per the norms of the treaty between the two countries.