The Delhi High Court Wednesday refused to hear a plea filed by Swiss Timing, an accused in a corruption case linked to the 2010 Commonwealth Games, to stay possible action against it by the trial judge for not appearing in court.
Justice Mukta Gupta refused to give any relief to the Switzerland-based firm and said: “There cannot be a stay on the trial court proceedings.”
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.
The court also asked the Central Bureau of Investigation (CBI) to file a status report giving details of action taken in the case within two weeks.
The Swiss firm approached the high court alleging that it had not been served with the summons as per the law dealing with offshore companies, as a result, it could not appear in the trial court.
Advocate Amit Desai, appearing for the Swiss firm, submitted before the court that improper service of summons outside India impinged on the sovereignty of Switzerland.
He said that till date the investigating agency had not been able to establish that summons were served on the company in Switzerland.
“There is no proof in this regard and it (CBI) misled the lower court on the issue,” he said that any coercive action in such a circumstance could have wide ranging repercussion.
Justice Gupta directed the Swiss firm to file written submissions and posted the matter for hearing Jan 30.
The CBI earlier said that it had served summons to Swiss Timing under the norms of treaty between the two countries.
Very interesting case. Really appreciate the way in which Amit Desai Advocate argued that there is no proof and CBI misled the lower court on the issue. Brilliant!!
Although the court denied relief to the firm, Adv Amit Desai seems to be building a strong case here.