NATIONAL FERTILIZERS LIMITED Vs. TUNCAY ALANKUS

JUDGEMENT

(1.) Mr Shanti Bhushan, Senior Advocate appearing for the contemnor, Tuncay Alankus, stated that on 4-9-2006, CBI v. Tuncay Alankus, 2013 9 SCC 611 when this Court passed the interim order of injunction against his client (which was later confirmed by order dated 14-12-2006, SLP (Cri) No. 6291 of 2005, decided on 4-9-2006 (SC), CBI v. Tuncay), there was no money in his Account No. 91925 with PlCTET and CIE Bank, Geneva. There is, therefore, no question of any withdrawals from that account after that date in violation of the Court's orders.

(2.) In support of the statement, Mr Bhushan placed great reliance on the decision of the Swiss Supreme Court dated 1 -6-2006. The decision of the Swiss Supreme Court indeed takes note of the fact that on 29-11-1995, the petitioner (National Fertilizers Ltd.) paid a sum of $37,620,000 into Account No. 91923 held by Karsan Danismanlik Turizm Sanayi Ve Ticaret Ltd. STI (shortly known as "Karsan"). It then goes on to give a break-up of the aforesaid sum of $37,620,000 from which, on the following day i.e. on 30-11-1995, a sum of $28,100,000 was transferred to the contemnor's personal Account No. 91925. From the Swiss Court decision, it is not clear that on the date this Court passed the injunction order restraining the contemnor from withdrawing any amount from his account, the account was already bereft of any money.

(3.) Mr Bhushan also relied upon a certificate issued by the Bank, according to which the account in question was closed on 25-7-2006.