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PNB Pushes US Court For Summons Against Nirav Modi

Published on 19 Jun 2018 by Shivi

The Punjab National Bank has filed a motion before a New York court to summon Nirav Modi as a witness in the (PNB) Rs. 13,600-crore loan fraud. Nirav is known to be in possession of six Indian passports.

As per the PNB application, the New York court has been requested to serve a subpoena against Modi. It is a writ issued by a government agency, mostly a court, to compel testimony by a witness or production of evidence under a penalty for failure.

PNB has asked for the court's authorisation to compel an oral examination under oath by Nirav Modi and four other individuals under federal US rules. A notice was also requested by other individuals such as Mihir Bhansali (former president of Firestar Group and a close aide of Modi), his wife Rakhi, Ajay Gandhi (ex-CFO of Firestar Diamond) and Kunal Patel (financial controller, Firestar Diamond).

The subpoena has been requested by the PNB counsels in New York to be delivered against Modi through his lawyers and to his last-known personal email ID. According to the PNB application, the New York court reads that there has been a precedent to serve subpoena through emails against individuals abroad who are difficult to locate and has been seen as a major development because exact whereabouts of the fugitive jeweller are still unknown amid recent reports that he could be travelling in Europe using fake passports.

According to an official familiar with the investigation of Modi, fugitives make an argument usually about the poor condition of Indian Jails and delay judicial proceedings in order to defy extradition, but such arguments won't hold against a summons issued by a US court.

Indian courts have already issued an arrest warrant against Modi and the Interpol has been requested by the CBI to issue a global red corner notice against him.

In the past, Modi had responded to the Enforcement Directorate's (ED) notice through an email mentioning his personal email address for further correspondence and now if the New York court accepts the PNB's application then Modi and the other respondents will get 14 days to respond.

In the charge sheet filed by the ED and the CBI in India, Ami Modi's wife who has been made a co-accused, is an American citizen and is believed to be in New York with their three children including Modi's uncle and Mehul Choksi, Gitanjali group owner who is also accused of committing a similar fraud, is now believed to be in the US and seeking political asylum. The next hearing has been scheduled for June 26.

Tags: Default or Fraud 

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