Kamal Ghorui
NEW DELHI: In a rare development, Delhi HC acted on communication from Supreme Court of England and Wales to record statement of a banker in connection with the Nirav Modi case. In a recent order, HC sought assistance of Centre while issuing notice to all parties, including the fugitive diamantaire.Justice C Hari Shankar said assistance from govt is also needed “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 acted on the basis of a communication from the foreign court, without a party to the matter approaching court”.The UK court sought HC’s intervention to record the testimony of a Delhi-based Bank of India official as a witness in proceedings abroad concerning Firestar Diamond FZE and its founder Nirav Modi in a loan default dispute.The request was communicated to Delhi HC via Union ministry of law and justice under 1970 Hague Convention on “taking of evidence abroad in civil or commercial matters”, HC noted in its order. To facilitate the process, court made the parties to UK proceedings, including Nirav Modi, also a party to the present matter.HC also asked counsel for Bank of India to clarify if they intend to file a formal application in the matter.
