A bench of Justice Pratibha M Singh, however, agreed to examine whether arbitral proceedings in the case ought to be terminated, owing to the nature of allegations raised, including corruption and fraud.
Agusta had invoked the arbitration process after the government cancelled the scam-tainted helicopter deal in 2014. The company contends that the Defence Ministry cannot unilaterally freeze payments in the Rs 3,600-crore deal.
Christian Michel James, a key accused in the VVIP chopper deal case, may soon be extradited to India from UAE. He was allegedly hired by AugustaWestland to influence top officials in IAF and the then UPA government to help secure the Rs 3,600 crore deal for the company.
The case against Orsi and Spagnolini resulted from an investigation launched in 2012 into the sale of 12 luxury helicopters to India. The two were accused of international corruption and false invoicing in relation to bribes exchanged for the contract with India.