The court considered two applications in the long-running bankruptcy of Malathi Latha Sriram. Firstly, the bankrupt sought disclosure of documents from her trustee in bankruptcy and an injunction to prevent the sale of further property assets. Secondly, Pantera Property Ltd (an independent consultancy and surveying practice dealing with property sales) applied to strike out the bankrupt’s negligence and related claims.
The bankruptcy, dating from 2017 on a petition from HMRC, has been complicated by disputes over property ownership and multiple applications, increasing costs and reducing prospects of creditor repayment.
The bankrupt requested seven categories of documents, including property sale records, trust instruments, financial records and professional fees and HMRC correspondence. The court declined to order disclosure finding each request to be either disproportionate, unnecessary, irrelevant, without merit, or already satisfied, noting they appeared intended to vex the trustee.
The injunction was also refused on the basis the bankrupt had no interest in the properties in question, and the properties were subject to applications for possession and sale. The court concluded that the trustee, an officer of the court, would not dispose of assets without a court order. Nonetheless, the trustee offered (and the court accepted) a voluntary undertaking regarding the properties to give the bankrupt comfort.
Pantera’s strike-out application succeeded. The bankrupt alleged negligence and other issues over the sale of a property. The court found Pantera acted only as agent; decisions on sale price were the trustee’s and if there was any negligence as to the sale price, it was that of the trustees. Overall, the claim was held to be unsustainable.
The trustee also sought a finding that the bankrupt’s applications were totally without merit opening the door to an application for a civil restraint order against the bankrupt in the future.
In regards to Sriram (Mukti Roy) v Brittain; Sriram (Mukti Roy) v Pantera Property Ltd [2025] EWHC 2729 (Ch).
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