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2002 Supreme(Del) 799

S.K.AGARWAL
A. E. PINTO – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


S. K. Agarwal

( 1 ) THIS order will dispose of two petitions filed by the- petitioners under Article 227 of the Constitution of India and 482 of the Code of Criminal Procedure, 1973 (for short, Cr. P. C.), praying for setting aside the order dated 30. 9. 2000, passed by the Special Judge, allowing application of the CBI for clubbing the case of a. E. Pinto with the main case and holding that the joint trial would be justified. Briefly stated the allegations are : that the petitioners Tuncay Alankus, Chairman and Chief Executive officer and Cihan Karanci, Vice-president of M/s. Karsan ltd. , in conspiracy with other accused persons defrauded national Fertilizers Limited, Delhi (for short, NFL), to the extent of US $ 38,000,000/- (then equivalent to rs. 133. 0 crores), in the matter of supply of 2,00,000 MT of urea to the NFL @ US $ 190 PMT (Cost, Insurance and freight basis) against 100% cash pro-payment, which was to be guaranteed by the Insurance Policy also covering m/s. Karsan s risk of non-performance and non-delivery. They obtained 1% of the contract value of US $ 380,000 on 2. 11. 95, for paying premium towards the above Insurance policy. The contract was signed on 9. 11. 95 a


















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