Court Acts on Request from UK’s King’s Bench Division to Record Evidence of Witness in Nirav Modi Case
In a significant development, the Delhi High Court has taken steps to facilitate international judicial cooperation in a case involving the high-profile diamond businessman Nirav Deepak Modi. This follows a formal request from the King's Bench Division of the Supreme Court of England and Wales under the Hague Convention of 1970. The request pertains to the recording of testimony from a witness located within the jurisdiction of the Delhi High Court.
The case at hand involves the Bank of India as the plaintiff and Firestar Diamond Fze along with Firestar International Private Limited and Nirav Deepak Modi as the defendants. The Delhi High Court, presided over by Justice C. Hari Shankar, has responded to a letter from the Ministry of Law and Justice, Department of Legal Affairs, which forwarded the request from the UK court.
The letter of request seeks the assistance of the Delhi High Court in recording the evidence of Mr. Animesh Barua, a witness affiliated with the Bank of India, who is based in New Delhi. As per the Civil Procedure Code, 1908, specifically Order XXVI, Rules 19 and 20, the High Court has the authority to act on such international requests when communicated through competent authorities.
Justice Shankar has ordered that notices be issued to all parties involved, including Mr. Nirav Deepak Modi, who is currently incarcerated in the UK. The court has directed that the notice be served through the Consulate General in the UK to ensure compliance with international legal protocols.
The Additional Solicitor General, Mr. Chetan Sharma, along with Mr. Amit Tiwari, CGSC, has been asked to assist in this judicial process, highlighting the court's intention to ensure due legal procedure is followed in this unprecedented situation.
The matter has been scheduled for further proceedings on January 15, 2026, by which time proof of service must be recorded. This move underscores the Delhi High Court's commitment to upholding international legal cooperation and ensuring justice in cross-border litigations.
Bottom Line:
International Judicial Assistance - Delhi High Court issues direction for facilitating the recording of evidence of a witness located within its jurisdiction, based on a request under the Hague Convention, 1970, from the King's Bench Division, UK.
Statutory provision(s):
- Civil Procedure Code, 1908 - Order XXVI, Rules 19 and 20
- Hague Convention, 1970
Bank of India v. Firestar Diamond Fze, (Delhi) : Law Finder Doc Id # 2840503
