Gautam Khaitan & Anr. Vs Union of India & Anr. (Delhi High Court)
Summary: The Delhi High Court considered an appeal challenging the judgment dated 04.02.2015 of the learned Single Judge, whereby the writ petition filed by the Appellants seeking quashing of the Provisional Attachment Order (PAO) dated 15.11.2014 issued under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) was dismissed. The appeal was heard by a Division Bench comprising Justice Anil Kshetrapal and Justice Harish Vaidyanathan Shankar. The judgment was reserved on 22.09.2025 and pronounced on 15.11.2025.
Read SC Judgment in this case: SC Dismisses Challenge to Delhi HC Order Upholding PMLA Provisional Attachment
The matter arose from the Government’s acquisition of VVIP helicopters from Agusta Westland. Pursuant to an Indian Air Force proposal for replacement of MI-8 VIP helicopters, an RFP was issued in October 2000 prescribing a mandatory service ceiling of 6,000 metres. The requirement was subsequently relaxed to 4,500 metres, enabling Agusta Westland to participate in the bidding process and ultimately secure the contract for supply of 12 AW-101 VVIP helicopters to India.
According to the Respondents, the relaxation was allegedly procured through corrupt means involving illegal gratification and kickbacks paid by Agusta Westland to Italian nationals Guido Ralph Haschke and Carlo Gerosa. The Respondents alleged that the illicit funds were routed to Indian intermediaries through Appellant No.1, who was then serving as Legal Adviser to IDS Infotech Ltd. (India). IDS India allegedly received approximately 2.166 million Euros from Agusta Westland between November 2007 and April 2010. It subsequently incorporated IDS Sarl, Tunisia, in which Haschke and Gerosa allegedly acquired substantial interests and control. Another company, Aeromatrix Info Solution Ltd. (AISL), was incorporated in India, with Appellant No.1 initially serving as a Director, and Haschke and Gerosa subsequently joining its Board. The Respondents alleged that kickbacks were ultimately funnelled through AISL via Mauritius for disbursement of illegal gratification to Indian officials, including Appellant No.1.
