Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors [2022] EWHC 1810 (Ch) (11 July 2022)

Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors [2022] EWHC 1810 (Ch) (11 July 2022)

The court found credible evidence of a substantial and unexplained discrepancy between the assets previously held by the defendants and those disclosed, justifying further disclosure to police the freezing order. The further disclosure sought was limited, not unduly onerous, and necessary to ensure the effectiveness of the freezing injunction. The court also found it just and convenient to extend the passport surrender orders to support the disclosure process.

Citation
[2022] EWHC 1810 (Ch)
Parties
Claimants: Harrington & Charles Trading Company Limited & 7 Ors; First Defendant: Jatin Rajnikant Mehta; Second Defendant: Sonia Mehta; Third Defendant: Vishal Jatin Mehta; Fourth Defendant: Suraj Jatin Mehta; Fifth Defendant: Haytham Salman Ali Abu Obidah
Jurisdiction
England and Wales
Judgment Date
11 July 2022
Procedural Posture
Part 7 Claim and Related Insolvency Act Applications / Interlocutory Applications on Adjourned Return Day for Further Disclosure and Extension of Passport Orders
Outcome
Further disclosure ordered; passport orders extended; costs reserved.
Legal Topics
Worldwide Freezing Orders, Disclosure of Assets, Proprietary Claims, Norwich Pharmacal Relief, Jurisdictional Challenge, Passport Surrender Orders
Civil Procedure Insolvency Fraud Asset Recovery Worldwide Freezing Orders Disclosure of Assets Proprietary Claims Norwich Pharmacal Relief +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Harrington & Charles Trading Company Limited & 7 Ors

Claimants

Jatin Rajnikant Mehta

First Defendant

Sonia Mehta

Second Defendant

Vishal Jatin Mehta

Third Defendant

Suraj Jatin Mehta

Fourth Defendant

Haytham Salman Ali Abu Obidah

Fifth Defendant

Procedural Posture

Part 7 Claim and Related Insolvency Act Applications / Interlocutory Applications on Adjourned Return Day for Further Disclosure and Extension of Passport Orders

Legal Issues

  1. 1 Whether further asset disclosure should be ordered against the defendants in support of existing freezing orders
  2. 2 Whether the passport surrender orders should be extended
  3. 3 Whether disclosure should be ordered on proprietary or Norwich Pharmacal bases

Ratio Decidendi

The court found credible evidence of a substantial and unexplained discrepancy between the assets previously held by the defendants and those disclosed, justifying further disclosure to police the freezing order. The further disclosure sought was limited, not unduly onerous, and necessary to ensure the effectiveness of the freezing injunction. The court also found it just and convenient to extend the passport surrender orders to support the disclosure process.

Court Disposition

Further disclosure ordered; passport orders extended; costs reserved.

Orders

  • Defendants 1-4 to provide further affidavits/affirmations stating, to the best of their knowledge and belief, the current whereabouts of specified sums comprising the proceeds of the alleged fraud and the identities of recipients.
  • Passport surrender orders for defendants 1, 2, and 4 extended for 14 days after further disclosure is given; third defendant's passport to be returned for holiday and then surrendered as specified.