Kumar v Kumar - Sentence [2017] FJHC 248; HPP06.2010 (21 March 2017)

In the High Court of Fiji at Suva
Civil Jurisdiction
HPP Action No. 06 of 2010

Between

Arun Kumar and Adit Kumar

Second and Third Plaintiffs

And

Anoop Kumar

Defendant

COUNSEL: Mr A. Singh for the second and third plaintiffs
Mr R. Singh for the defendant
Date of hearing: 16^th March, 2017
Date of Sentence 21^st March, 2017

SENTENCE

1. On 2^nd February,2017, I found you guilty of having willfully disobeyed the Order of Court delivered on 15^th July, 2015, whereby I ordered you as administrator of the estate of Surendra Prasad to distribute the balance of the estate to the beneficiaries within three months from the date of Judgment and I convicted you of contempt of court
   
2. I heard you on sentence.
   
3. The only mitigating factors are that you are a first offender, 63 years of age and have medical issues.
   
4. I have examined you on your means and I find that you have the capacity to pay the fine I impose on you.
   
5. Orders
   1. I impose a fine of $ 5000 on you. In default of payment of the said fine within a period of thirty days from the date of this sentence, I commit you to prison for a period of three months.
   2. I order you to comply with my Order of 15^th July, 2015, and distribute the balance of the estate to the beneficiaries within a period of sixty days from the date of this sentence. If you default, I commit you to prison for a period of three months.
   3. I order you to pay the second and third plaintiffs costs in a sum of $ 1000 summarily assessed within 15 days of this sentence.
      

A.L.B.Brito-Mutunayagam
Judge
21^st March ,2017