Charan v Dutt [2005] FJHC 616; HBC0067.2002 (8 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0067 OF 2002

BETWEEN:

SHIU CHARAN
PLAINTIFF

AND:

KRISHNA DUTT
DEFENDANT

Krishna & Co for the Plaintiff
Sherani & Co for the Defendant

Date of Hearing: 12 May 2005
Dates of Submissions: 2 June 2005, 23 June 2005, 30 June 2005
Date of Judgment: 8 July 2005

JUDGMENT OF FINNIGAN J

This is a summons [15 September 2003] for an order that judgment be entered for the Plaintiff for $38,500.00 pursuant to a Terms of Settlement document dated 24 June 2002. At the assigned hearing on 12 May 2005 I programmed written submissions with Counsel, the dates are above and the Plaintiff was to file and serve first. The Plaintiff filed within time but no submissions were filed by the Defendant.

I have studied the whole file, particularly the affidavits sworn by the Plaintiff, the Defendant and Joseph Prem Chand on behalf of the Defendant.

I am singularly unimpressed by the case which the Defendant attempts to make out. Submissions for the Defendant had there been any could not have altered the clear impression given by the facts sworn in the affidavits.

I am satisfied that the terms of settlement signed on 24 June 2002 were signed voluntarily by the Defendant. I am satisfied that he has done nothing about abiding by his promise. His actions inactions and affidavits seem to me determined efforts to avoid paying what he owes the Plaintiff. His affidavit filed on 9 March 2004 entitled “an affidavit to set aside Terms of Settlement dated 24 June 2002” was filed out of time although he was twice given time limits within which to file it. I read it nonetheless and have taken it into account.

I do not doubt that the Plaintiff is entitled to judgment in terms of the Terms of Settlement document dated 24 June 2002. I enter judgment for the Plaintiff in the sum of $38,500.00 together with costs in the Plaintiff’s favour which I assess at $500.00.

D.D. Finnigan
JUDGE

At Lautoka
8 July 2005