The CBI, in its counter filed in the court, stated that it would further avenues to examine whether Quattrocchi could be extradited as long as he was an accused.

Earlier, the court wanted to know whether the State had made up its mind to close the case and noted that if it were so, the proper course would have been to file a closure report in the Delhi Special court.

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The Additional Solicitor General Gopal Subramaniam however, told the three-judge bench headed by the Chief Justice Y K Sabharwal that it was not obligatory for the CBI to inform the trial court in Delhi, as the case was still under investigation. There was no such move (to withdraw the case) on the part of the State till date, he stressed.

Other members of the bench were Mr Justice C K Thakker and Mr Justice R V Raveendran.

The Court adjourned the case for two weeks directing the petitioner Ajay Kumar Aggarwal to file rejoinder to the counter filed by the CBI.

The Crown Prosecution Agency, in a letter dated January 18, 2006, had informed the CBI that the restraint order had been discharged and could not be re-activated.

The apex court had, on January 16, directed the CBI and the Centre to take necessary steps to ensure that Rs 21 crore lying frozen since July 2003 was not withdrawn.

The counter affidavit has been filed by R K Sharma DIG, CBI.