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The Delhi High Court has requested the assistance of the Central government regarding a communication from the Supreme Court of England and Wales in the Nirav Modi-Bank of India matter.
The UK court has asked for judicial assistance to record the testimony of a Delhi-based Bank of India official, who is a witness in proceedings abroad concerning Firestar Diamond FZE and Nirav Deepak Modi in a loan default dispute. Justice C. Hari Shankar observed that this situation was unusual, as there appeared to be no prior instance where an Indian court acted solely on a direct request from a foreign court without any party to the foreign litigation approaching it. The request was transmitted through the Union Ministry of Law and Justice under the 1970 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. To facilitate the process, the High Court impleaded the parties to the UK proceedings, including Nirav Modi, clarifying that this was done solely for procedural convenience and not because the case was pending before the Indian court. Notices were issued to the Central government and other concerned parties, with instructions to place proof of service on record. Since Nirav Modi is currently lodged at HMP Thameside prison in London, the Court directed that notice be served upon him through the Consulate General of India in the United Kingdom, with the Additional Solicitor General tasked with ensuring proper service. The matter was recently listed, and during subsequent hearings, the Court recalled a similar request made in 2016 by the Government of Portugal in the case of Visesh Infotecnics Ltd. vs Banco EFISA, SA Participadas, SGPS, S.A. The Court also asked counsel for the Bank of India to clarify whether the bank intends to file a formal application in the matter. The case has now been scheduled for further hearing on January 21, 2026. (ANI)
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