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Delhi High Court Takes Up UK Request To Record Bank Of India Witness In Nirav Modi Civil Case

The court is weighing how to execute a Hague Convention request without a domestic applicant.

Overview

  • The request from the King's Bench Division was forwarded by the Union Law Ministry under the 1970 Hague Convention on taking evidence abroad.
  • Justice C. Hari Shankar issued notices to all concerned, including Nirav Modi via the Consulate General in the UK, and added the UK case parties to the present matter.
  • Additional Solicitor General Chetan Sharma and Amit Tiwari were asked to assist because the court noted a lack of precedent for acting on a foreign court’s communication alone.
  • The UK court seeks the Delhi-based testimony of Animesh Barua, a Bank of India manager, for use in Bank of India’s suit against Firestar entities and Nirav Modi.
  • Any testimony recorded in Delhi is expected to be transmitted to the UK through the British High Commission once the process is completed.