[Cites 1, Cited by 0]
Bombay High Court
Bank Of India vs Firestar Diamond Fze on 25 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-OS:7219
501-MAPPL-10448-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
ORDINARY ORIGINAL CIVIL JURISDICTION
by KANCHAN
KANCHAN PRASHANT
PRASHANT
DHURI
Date:
MISCELLANEOUS APPLICATION (L) NO. 10448 OF 2026
DHURI 2026.03.25
17:15:43
+0530
Bank of India ... Applicant
Versus
Firestar Diamond FZE and others ... Respondents
............
Mr. Nahush Shah alongwith Ms. Kriti Singh instructed by Nahush Shah
Legal, Advocate for the Applicant.
None for the Respondents.
............
CORAM : ABHAY AHUJA, J.
DATE : 25 MARCH 2026
P.C. :
1. This Miscellaneous Application has been filed seeking
appointment of a Court Officer as a Commissioner to administer oath
and to facilitate recording of evidence of witnesses who reside in India.
2. When the matter is called out, Mr. Shah, learned Counsel,
appearing for the Applicant-Bank submits that the London Branch of
the Applicant-Bank has filed a case/claim before the High Court of
Justice, London Circuit Commercial Court (King's Bench Division)
against Firestar Diamond FZE, Firestar International Private Limited
and Nirav Deepak Modi being Claim No.LM-2018-000088 (Bank of
India vs. (1) Firestar Diamond FZE, (2) Firestar International Private
Ltd., (3) Nirav Deepak Modi) in connection with a claim against the
501-MAPPL-10448-2026.doc
borrower, corporate guarantor and personal guarantor for the payment
of sums due under a facility which was issued in 2012, but which was
terminated in March 2018. Mr. Shah submits that the claim is at the
stage of trial before the High Court of Justice, London Circuit
Commercial Court (King's Bench Division) and adjourned to 23 rd March
2026 and the trial will be taking place between 23 rd March 2026 to 31st
March 2026. That the Applicant's London Branch has given a list of
five witnesses (including an expert witness), of which two reside in
India. That all the witnesses are the consenting witnesses. Mr. Shah
submits that vide order dated 17th October 2025, the High Court of
Justice, London Circuit Commercial Court (King's Bench Division) has
granted permission to the claimant to examine its witnesses, Mr. Bharat
Sahai and Ms. Sushmita Gandhi to give evidence at the trial by remote
means from India by video link. It is submitted that pursuant to the
said order, the Senior Master of the King's Bench Division London Court
based on the letter dated 23rd October 2025 of RWK Goodman, the
former lawyers of the Applicant had addressed a communication dated
31st October 2025 to the Ministry of Law & Justice, Government of
India to assist in examination of the witnesses through a secure online
platform through a video link. Mr. Shah submits that the said letter
also states that the witnesses will be examined by the Court and
501-MAPPL-10448-2026.doc
Counsel via video link at the trial, on the issues set out in their
respective witness statement(s) and expert report, rather than by an
examiner in India.
3. Mr. Shah submits that the letter encloses the Letters of
Request dated 3rd November 2025 issued by the Royal Courts of Justice
Group, King's Bench Division, Foreign Process Section to RWK
Goodman, London with a request for taking evidence in India of the
aforesaid witnesses. Mr. Shah submits that the Ministry of Law and
Justice was in receipt of an Office Memorandum dated 2 nd December
2025 in relation to the request received from the British High
Commission for judicial assistance in the case of Bank of India, Firestar
Diamond FZE, Firestar International Private Limited and Nirav Deepak
Modi and the said request was also forwarded to this Court.
4. Mr. Shah has taken this Court through the said Letter of
Request dated 3rd November 2025 annexed at Exhibit-A to the
Application and also Office Memorandum dated 2 nd December 2025
annexed at Exhibit -B to the Application. Mr. Shah submits that as per
the Applicant's UK Branch letter of October 2025 and the UK Court's
response of November 2025, the request made to the Indian Courts is
to assist in and facilitate examination of witnesses in trial by providing
a secure video link from the Court premises, so as to record the
501-MAPPL-10448-2026.doc
evidence of the officer of the Applicant Mr. Bharat Sahai and Ms.
Sushmita Gandhi, Partner of Trilegal being an expert witness and not
for adducing evidence through Commissioner. Mr. Shah submits that
Ms. Gandhi, Partner of Trilegal has travelled to the UK and therefore,
no order in respect of her evidence would be necessary.
5. Mr. Shah submits that the letters in relation to the request
received from the British High Commission for judicial assistance
through the Ministry of Law & Justice, Government of India have been
received in Mumbai and therefore, the present Application has been
filed under the provisions of Order XXVI Rule 19 and 20 and Section
151 of the Code of Civil Procedure, 1908 to record the evidence of the
officer of the Applicant, Mr. Bharat Sahai.
6. Mr. Shah submits that since the trial has already commenced
and is to go on till 31 st March 2026, this Court may allow the
Application in terms of prayer clauses (a) and (b).
7. Having heard the learned Counsel and having considered his
submissions and also having perused the Application as well as the
Exhibits A and B with the learned Counsel's assistance, the Application
is allowed in terms of prayer clauses (a) and (b) which read thus :
(a) Appoint a Court Officer as Commissioner to
facilitate examination of the aforesaid witnesses by the
501-MAPPL-10448-2026.doc
London Court through video conferencing by providing a
secured video link from the Court premises.
(b) Pass an order conferring powers on the
Commissioner so appointed, to administer oath to him/her
and to facilitate recording his/her evidence and the power
to issue necessary confirmation to the foreign court that
the witnesses were examined through secured
medium/video link.
8. The Prothonotary & Senior Master of this Court is directed to
expeditiously appoint a Court officer to administer oath to Mr. Bharat
Sahai after duly verifying his identity and also direct the NIC to provide
a secure video link for the purposes of aforesaid prayers.
9. The Miscellaneous Application accordingly stands allowed
and disposed as above.
10. All concerned to act on a copy of this order duly
authenticated by the Associate of this Court.
(ABHAY AHUJA, J.)
