YASHVIN SHRETTA V. VADAG ESTABLISHMENT & 10 OTHERS

RULING OF THE COURT

The applicant, Yashwin Shretta, by a notice of motion lodged on 29th May, 2000 and stated to be brought under rules 13, 76, 80 and 85 of the Rules of this Court (the Rules), applies to strike out the appeal lodged by the first respondent, Vadag Establishment (the appellant) on the following grounds.

"1.That the first respondent (the appellant) has excluded from its record of appeal primary documents namely:-

a)The first respondent's replying affidavit sworn on 16th June, 1999, a reply to the appellant's (through Mr. Virendra Ponda) further affidavit sworn on 26th May, 1999 in support of the appellant's application dated 19th January, 1998 to strike out the petition;

b)The appellant's proposed consent letter dated 20th September, 1999 addressed to Deputy Registrar, High Court (Milimani Commercial Division);

c)The first respondent's proposed consent letter dated 20th September, 1999.

2.The appellant did not serve its notice of appeal dated 6th March, 2000 on persons direct…