The Delhi High Court on Monday issued notice to the Central government on a request received from the Supreme Court of England and Wales to obtain testimony from a Delhi resident who is a witness in the Nirav Modi-Bank of India trial. [Bank of India v. Firestar Diamond Fze And Ors].
Justice C Hari Shankar sought the assistance of the Centre in this matter.
“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,” it stated.
The Court proceeded to implead the parties before the King’s Bench, including Nirav Modi, and issued notice to them. It further clarified that they are impleaded only for convenience.
“It is made clear that the parties are being thus impleaded only for the sake of convenience, and it is not as though the lis is pending before this Court,” the Court added.
The UK Supreme Court’s request pertains to the trial of diamond merchant Nirav Modi and a company named Firestar Diamond in an unpaid loan case initiated by Bank of India.
It sought the High Court’s assistance in obtaining the testimony of a witness named Animesh Barua, who is residing within the territorial jurisdiction of the Delhi High Court.
For this purpose, the Supreme Court of England and Wales issued a letter to the Union Ministry of Law and Justice. This letter was forwarded to the High Court by the Ministry.
During the January 16 hearing, the Court noted that a similar request was made by the Portugal government in the 2016 case titled Visesh Infotecnics Ltd vs Banco EFISA, SA Parparticipadas, SGPS, S.A.
The Court also asked Advocate Vipin Jai, appearing for Bank of India, to take instructions if the bank plans to move a formal application in this matter.
The next date of hearing is on January 21.
[Read order]