Bank of India v Firestar Diamond FZE & Ors [2025] EWHC 466 (Comm) (27 February 2025)

Bank of India v Firestar Diamond FZE & Ors [2025] EWHC 466 (Comm) (27 February 2025)

The application for a stay is premature; the court cannot yet determine whether Mr Modi's lack of IT/internet access will prevent a fair trial. The stay application is adjourned to the pre-trial review, with interim directions to mitigate inequality of arms. The application for inspection of original documents is granted as reasonable and proportionate given the small number of documents, their centrality, and minimal disruption.

Citation
[2025] EWHC 466 (Comm)
Parties
Claimant: Bank of India; First Defendant: Firestar Diamond FZE; Second Defendant: Firestar International Private Limited; Third Defendant: Nirav Deepak Modi
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Commercial Claim (personal Guarantee) / Interlocutory Applications Before Trial
Outcome
Stay application adjourned to pre-trial review; inspection of documents ordered.
Legal Topics
Stay of Proceedings, Fair Trial Rights, Equality of Arms, Inspection of Documents, Litigants in Person, Access to Justice, Article 6 ECHR
Civil Procedure Commercial Law Human Rights Stay of Proceedings Fair Trial Rights Equality of Arms Inspection of Documents Litigants in Person +2 more

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Parties

Bank of India

Claimant

Firestar Diamond FZE

First Defendant

Firestar International Private Limited

Second Defendant

Nirav Deepak Modi

Third Defendant

Procedural Posture

Commercial Claim (personal Guarantee) / Interlocutory Applications Before Trial

Legal Issues

  1. 1 Whether proceedings should be stayed due to the Third Defendant's incarceration and lack of access to IT/internet, potentially breaching Article 6 ECHR
  2. 2 Whether the Claimant should be ordered to produce original contractual documents for inspection

Ratio Decidendi

The application for a stay is premature; the court cannot yet determine whether Mr Modi's lack of IT/internet access will prevent a fair trial. The stay application is adjourned to the pre-trial review, with interim directions to mitigate inequality of arms. The application for inspection of original documents is granted as reasonable and proportionate given the small number of documents, their centrality, and minimal disruption.

Court Disposition

Stay application adjourned to pre-trial review; inspection of documents ordered.

Orders

  • Claimant to provide Mr Modi with hard copies of the Handbook for Litigants in Person and pro bono application form.
  • Claimant to provide Mr Modi with hard copies of disclosure, witness statements, and expert reports.