NEW DELHI: Switzerland-based Swiss Timing, a firm accused of being involved in a Commonwealth Games-related graft case, on Monday told the Delhi High Court that CBI did not follow proper procedure in serving summons to it.
The firm made the contention while pleading to the bench of Justice Mukta Gupta to direct CBI not to take any coercive action against it, like issuing a Red Corner Notice, on the ground that summons were not served to it properly.
Appearing for the firm, advocate Amit Desai contended “it has not been served with summons as per the law dealing with offshore companies. They have served summons through Indian Embassy to Swiss authority through registered post, which is contrary to the law.”
He said though the company did not have any property in India it has wide-spread business, including those of Swiss watches, which may get affected if a Red Corner notice is issued against it.
“In case the company did not respond, then Red Corner notice will be issued against it and it would harm the company’s reputation,” he said.
Justice Gupta was hearing the petition of Swiss Timing seeking a stay on possible coercive measures against it by the lower court.
CBI has not been able to establish that it has served the summons to the company in Switzerland as there was no proof in this regard and it (CBI) “misled” the lower court on the issue, the company’s counsel said.
“No order can be passed in contravention of the treaty obligations vis-a-vis foreign nationals,” the lawyer added.
After hearing the argument, the court adjourned the matter for February 1.
CBI had earlier said it had served summons to Swiss Timing in the manner prescribed under the treaty between the two countries but the firm being under the jurisdiction of Switzerland, it would take time in bringing it to the jurisdiction of the Indian court.
Sacked CWG Organising Committee chief Suresh Kalmadi and other co-accused are accused of illegally granting the contract to Swiss Timing, causing a loss of over Rs 90 crore to the exchequer. (PTI)