The Delhi High Court has turned to the Union government for guidance after receiving an unusual request from the Supreme Court of England and Wales seeking assistance in recording testimony from a Delhi-based individual linked to the Nirav Modi–Bank of India dispute.
The matter came up before Justice C. Hari Shankar, who noted that the communication had arrived not through any party before the Court, but via official channels. The UK court’s letter, routed through the Union Ministry of Law and Justice, seeks help in examining a witness residing within the territorial limits of the Delhi High Court.
The Court observed that it was treading unfamiliar ground. It pointed out that there appeared to be no clear precedent where an Indian court had acted solely on the basis of a request from a foreign court, without any formal proceedings initiated locally.
To ensure procedural clarity, the High Court temporarily included the parties involved in the UK proceedings—including Nirav Modi—while making it clear that this was done purely for convenience. The Court emphasised that no substantive dispute is pending before it.
The request from the UK relates to an unpaid loan dispute involving diamond trading entities associated with Modi. The testimony sought is from Animesh Barua, who currently resides in Delhi.
During the hearing, the Court also referred to an earlier instance where a foreign government had sought similar assistance, noting that the issue had arisen in a past dispute involving a Portuguese bank.
The High Court has asked the concerned bank to indicate whether it intends to formally approach the Court in connection with the request. The matter is scheduled to be taken up again later this week.
