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 Kanchan Dhuri 1/5 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:02:56 ::: 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 Kanchan Dhuri 2/5 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:02:56 ::: 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 Kanchan Dhuri 3/5 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:02:56 ::: 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 Kanchan Dhuri 4/5 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:02:56 ::: 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.) Kanchan Dhuri 5/5 ::: Uploaded on - 25/03/2026 ::: Downloaded on - 25/03/2026 22:02:56 :::