Delhi High Court To Act On UK Court's Request To Record Witness Evidence In Nirav Modi's Bank Of India Trial

In a first, the Delhi High Court is set to act on the request of King's Bench Division of the Supreme Court of England and Wales for recording evidence of a witness located here in a litigation between fugitive diamond trader Nirav Modi and Bank of India over allegations of unpaid loan.

Justice C Hari Shankar was dealing with a matter listed before him after a letter of request was received from the King's Bench, stating that evidence of a witness, one Animesh Baruah, working as an employee with Bank of India here, was required to be recorded.

The case involves Bank of India, Firestar Diamond FZE, Firestar International Private Limited and Nirav Deepak Modi.

The petition was registered pursuant to a communication forwarded by the Union Ministry of Law and Justice, enclosing the formal request under the Hague Convention on Taking of Evidence Abroad in Civil or Commercial Matters.

Although, the Union Government was not a party to the lis. However, Justice Shankar requested ASG Chetan Sharma to assist the Court in the matter.

The Court issued notice to the parties, including Nirav Modi through the Consulate General in the UK.

“The learned ASG, Mr. Chetan Sharma and Mr. Amit Tiwari, who are present in Court, are also requested to examine the issue and to assist this Court as to the future course of action to be taken in this matter, as there does not appear to be any earlier precedent in which the Court has acted on the basis of a communication from the foreign Court, without a party to the lis approaching the Court,” the Court said.

Title: BANK OF INDIA v. FIRESTAR DIAMOND FZE AND ORS

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