SC rules US Motorola directors subject to Indian criminal court for cheating

The Supreme Court has restored a criminal case of cheating filed by an Indian lender consortium against US telecom company Motorola and its directors after the Bombay High Court quashed charges in 2003 that involved a failed satellite communication project of 1987, reported the Financial Express.

While paving the way for the initiation of criminal prosecution against the company’s directors, the apex court on Wednesday discerned the case to be of considerable importance to the parties and to the world of trade and commerce.

The lender consortium Iridium comprising of leading banks and financial institutions had entered into an agreement with Motorola for providing satellite-based phone services which proved to be a commercial disaster. Thereafter, the company secured protection by filing for bankruptcy in US courts.

Meanwhile, the criminal action taken by the consortium in India was sought to be put aside by Motorola on the plea that a foreign entity cannot be submitted to Indian jurisdiction so far as effecting summons were concerned.

The case has been touted unique by the media as it involves a foreign company and its officials facing criminal trial in India, in the backdrop unsuccessful past attempts, especially the infamous Bhopal gas disaster case.

Comments

Anonymous guest 24 Oct 2010, 08:36
+0 -0
Bankruptcy law does not bar action for cheating. Cheating is a distinct criminal offence and the directors are liable to be tried in a competent court of law. Since the SC has held that Indian Court is the competent court, trial must proceed.The Bhopal
case defence no more holds good.