Harrington & Charles Trading Company Limited & 7 Ors v Jatin Rajnikant Mehta & 4 Ors

Harrington & Charles Trading Company Limited & 7 Ors v Jatin Rajnikant Mehta & 4 Ors

Further disclosure is ordered because there is credible evidence of a substantial discrepancy between assets formerly held by defendants and those disclosed, and a real possibility of further assets subject to the freezing order. The relief is not unduly onerous, is necessary to police the freezing injunction, and...

Source-derived case information.

Parties
Claimant: Harrington & Charles Trading Company Limited; Claimant: Colin Diss; Claimant: Nicholas Wood; Defendant: Jatin Rajnikant Mehta; Defendant: Sonia Mehta; Defendant: Vishal Jatin Mehta; Defendant: Suraj Jatin Mehta; Defendant: Haytham Salman Ali Abu Obidah
Jurisdiction
England and Wales
Judgment Date
11 July 2022
Procedural Posture
Civil / Interlocutory Application for Further Disclosure and Extension of Passport Orders
Outcome
Further disclosure ordered; passport orders extended; costs reserved.
Legal Topics
Freezing Orders, Asset Disclosure, Proprietary Claims, Norwich Pharmacal Relief, Passport Surrender, Tracing, Interim Relief
Civil Procedure Insolvency Fraud Freezing Orders Asset Disclosure Proprietary Claims Norwich Pharmacal Relief Passport Surrender +2 more

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Parties

Harrington & Charles Trading Company Limited

Claimant

Colin Diss

Claimant

Nicholas Wood

Claimant

Jatin Rajnikant Mehta

Defendant

Sonia Mehta

Defendant

Vishal Jatin Mehta

Defendant

Suraj Jatin Mehta

Defendant

Haytham Salman Ali Abu Obidah

Defendant

Procedural Posture

Civil / Interlocutory Application for Further Disclosure and Extension of Passport Orders

Legal Issues

  1. 1 Whether further asset disclosure should be ordered under the existing freezing order
  2. 2 Whether passport surrender orders should be extended
  3. 3 Whether proprietary and Norwich Pharmacal bases for disclosure are valid

Ratio Decidendi

Further disclosure is ordered because there is credible evidence of a substantial discrepancy between assets formerly held by defendants and those disclosed, and a real possibility of further assets subject to the freezing order. The relief is not unduly onerous, is necessary to police the freezing injunction, and is just and convenient in the circumstances. Extension of passport orders is also justified to facilitate disclosure.

Court Disposition

Further disclosure ordered; passport orders extended; costs reserved.

Orders

  • Defendants 1-4 to provide affidavits or affirmations stating, to the best of their knowledge and belief, the current whereabouts of specified sums comprising proceeds of fraud and identities of recipients.
  • Passport orders for defendants 1, 2, and 4 extended for 14 days after further disclosure; third defendant's passport released for holiday, then returned to solicitors for retention until 14 days after disclosure.