CBI told the court that employment of agents was not prohibited when the Government signed the deal with the Swedish company in 1986.
"Even though there is an undertaking by M/s AB Bofors prior to entering into contract that they do not have any representative/agent specially employed in India, I notice that the original contract between the company and the government does not provide for any prohibition for employment or non-employment of Indian and foreign agents," Additional Solicitor General PP Malhotra said in the application.
Apart from this the CBI retaliated what the government said when it announced its decision to drop all cases against Quattrocchi.
In the case that has been going on for about 26 years now, the agency failed to extradite the 69-year-old businessman from Malaysia and Argentina twice, the application pointed out.
CBI has also put together other factors including the Delhi High Court judgments quashing charges against all other co-accused to bolster its move to withdraw the case.