"CBI's present application is misconceived, ill-timed and ill-motivated and it may be dismissed with cost. I call it ill-timed because this court is meant to hear exclusively this case only. This case is of public importance and it is being monitored by the Supreme Court," Goenka's counsel Majeed Memon told Special CBI Judge O P Saini.
Memon said CBI was in "deep slumber" and suddenly moved the application on September 26 for invocation of an additional charge under Section 409 (criminal breach of trust) of the Indian Penal Code against all 17 accused in the case.
"On September 26, 2011, it suddenly dawned upon the prosecution that they are making a mammoth mistake. It seems they (CBI) were in deep slumber that a petition sees light of the day on September 26," he added.
"My fundamental and legitimate question to this court and to CBI is that what happened on September 26 or soon before it that it thought of the necessity to present this fresh application at this juncture," the counsel said.