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Karan v Prasad [1997] FJHC 257; Hbc0154.96l (1 December 1997)

IN THE HIGH COURT OF FIJI
(AT LAUTOKA)
CIVIL JURISDICTION


CIVIL ACTION NO. HBC0154 OF 1996L


BETWEEN:


ROHIT BIMAL KARAN & ISHWAR MATI
PLAINTIFF


AND:


CHANDRIKA PRASAD
s/o Girdhari
1ST DEFENDANT


FIJI SUGAR CORPORATION LIMITED
2ND DEFENDANT


Mr A Singh for the Plaintiff
Dr Sahu Khan for the Defendant


Date of Hearing: 1st December 1997
Date of Ruling: 1st December 1997


RULING


After hearing Mr A Singh for the Plaintiff and Dr Sahu Khan for the Defendant and reading the Preliminary Inquiry on this matter, it well appears to me that the Court requires as an absolute basic place of evidence, a full reconciliation of the cane monies received and monies paid out therefrom in respect of Farm No. 56.


I thus order that the 2nd Defendant (FSC) to provide to the Court within 14 day thereof the following-


(i) Full details of all monies paid in respect of cane proceeds for Farm No. 561 (NL 07/2897) for the 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996 and, if any, 1997 cane crushing seasons.


(ii) Full details of all monies paid out of the FSC Account for Farm No. 561 from the monies paid in as per (i) above, for or the same period i.e. the 1988 to 1997 (if relevant) cane crushing seasons.


What is required is a simple reconciliation statement, at the risk of being pedantic, I would expect something like, for example, the following:


Monies received
Monies Paid out
1) 1.1.88 - $5016 - Cane proceeds

2) 12.3.88 -
$56.00-fertilizer
3) 14.5.88 -
$94.00 - rice
4) 7.6.89 - $1001 - Cane proceeds

5) 12.12.89 -
$4004.00
(To "A Lawyer & Co." Trust Account Ch. No. 533).

The above is a sample only. Once having received this reconciliation, I would expect the accounting procedure could be undertaken to complete this matter.


A copy of this ruling is to be sent to the FSC.


Copies of the reconciliation from FSC are to be passed on to the solicitors for the parties.


I do so order.


JOHN D. LYONS
JUDGE

HBC0154.96L


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