New Delhi: The Delhi High Court today dismissed a plea of Switzerland-based firm Swiss Timing, an accused in a Commonwealth Games-related graft case, seeking a stay on possible coercive action against it by a lower court. The Swiss firm had moved the high court seeking a stay on possible measures that may be adopted against it by the special CBI judge, who had allowed the plea of probe agency that the company had been duly served with the summonses for its appearance in the case. [caption id=“attachment_234010” align=“alignleft” width=“380” caption=“The bench rejected the Swiss company’s petition that it was not served the summonses by the probe agency in the manner prescribed for an off-shore entity. Reuters”]  [/caption] Justice Gupta rejected the company’s petition that it was not served the summonses by the probe agency in the manner prescribed for an off-shore entity. Senior advocate Amit Desai, appearing for the MNC, had, on an earlier date of hearing, said that the CBI misled the court below on the issue, since any consequential coercive measures, such as arrest warrant and attachment of property, would be contrary to law as the service of summonses have not been carried out (on the accused) as per the CrPC and international treaties. Referring to international treaties, Desai had said the summonses, issued to accused living in offshore countries, have to be sent to “courts, judges and magistrates” in that country and not to other agencies. The CBI, however, had opposed the plea of Swiss Timing, saying that it had served summonses to Swiss Timing in the manner prescribed under the treaty between the two countries but as the firm was under the jurisdiction of Switzerland, it would take time in bringing it to the jurisdiction of the Indian court. PTI
The bench rejected the Swiss company’s petition that it was not served the summonses by the probe agency in the manner prescribed for an off-shore entity.
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