London Court Rules Nirav Modi Liable for $10.7 Million-Debt

A London court has dealt a significant blow to fugitive diamantaire Nirav Modi, holding him personally liable for over $10.7 million in unpaid debts to the Bank of India. In a judgment delivered on June 23, 2026, the London Circuit Commercial Court dismissed Mr. Modi’s multi-pronged defense, affirming his obligation under a 2013 personal guarantee executed for his Dubai-based company, Firestar Diamond FZE.

A Long-Standing Financial Dispute The case dates back to 2012, when Bank of India provided a loan facility to Firestar Diamond FZE, with Mr. Modi acting as guarantor. By 2018, as the "PNB fraud" allegations rocked the Indian financial sector, the Firestar Group’s fortunes waned, leading to defaults on multiple receivables. While Mr. Modi has remained in a London prison since 2019 facing extradition proceedings, the Bank of India successfully pursued civil recovery efforts in the UK courts, leading to this definitive ruling by Deputy High Court Judge Simon Tinkler.

The Arguments: A Triple-Fold Defense Mr. Modi’s legal team presented a narrow defense in the latter stages of the trial, arguing: 1. Unenforceability: That the personal guarantee was void due to a lack of Reserve Bank of India (RBI) approval under FEMA regulations. 2. Invalid Service: That the Bank’s 2018 and 2025 demands for payment were not served through proper, rigorous procedures. 3. Interest and Liability: That the Bank’s calculation of interest—particularly following the cessation of synthetic LIBOR—constituted an unauthorized variation of contract.

The Bank, represented by Tom Beasley, countered that the guarantee was a binding instrument and clear on its face. They further argued that the "material adverse effect" of the 2018 fraud allegations entitled them to accelerate the loan repayment, a move corroborated by Mr. Modi’s own email at the time admitting the group was no longer a "going concern."

Legal Analysis and Precedents Judge Tinkler’s analysis relied on a robust interpretation of Indian Law, primarily dismissing the FEMA-based challenge. Citing Vijay Karia v Prysmian Cavi E Sistemi SRL and Arun Kumar Jagatramka v Ultrabulk A/S , the Court held that a failure to obtain RBI consent does not render a contract automatically void, as such approvals can be granted retrospectively.

The Court further clarified that Mr. Modi could not rely on his own default—failing to obtain necessary approvals—to escape his contractual obligations. By ruling that the "material adverse effect" clause was validly invoked, the Court affirmed the Bank’s right to accelerate the debt when the diamond trader’s financial ecosystem collapsed in 2018.

Key Observations Judge Tinkler was highly critical of the defense’s shifting lines of argument and the failure of the accused to provide credible expert evidence in recent months:

"I accept Ms Gandhi ’s evidence generally... I am therefore satisfied as a matter of fact that the answer to the question of the Enforceability Issue is that the Personal Guarantee is not void/unenforceable, because the RBI can at any point grant consent, which can be retrospective ."

"Mr Modi did not explain why it was relevant that the summary judgment was against the First Defendant, given that he had guaranteed the obligations of the First Defendant to the Bank."

Final Ruling and Impact The Court held that Mr. Modi is liable for the principal sum of USD $4,105,189.34, with total interest accrued and payable by the date of judgment bringing the figure to over $10.7 million.

This judgment marks a rare victory in the high-stakes civil recovery efforts against fugitive economic offenders. By validating the service of notices sent to HMP Thameside and reinforcing the enforceability of international guarantees, the ruling streamlines the path for banks to recover funds from guarantors, even when those individuals are engaged in separate, complex extradition battles.

With this civil dispute now resolved in the Bank's favor, Mr. Modi continues his separate legal struggle against extradition, currently mounting a final plea before the European Court of Human Rights.