R U L I N G
Suryakant Bhagwanji Shah , the applicant herein, desires and has always desired to appeal from the ruling and order of the superior court (O'Kubasu, J) dated 24th February, 1999 in High Court Civil Case No. 3906 of 1991 . That suit was filed against the applicant by Aperit Investm ents SA and Satishchandra Bhimji Shah who are the respondents in the motion now before me. The applicant had in fact lodged Civil Appeal No. 143 of 1999 , but when that appeal came up for hearing before the Court on 18th November, 1999, the Court held that it (appeal) was incurably defective and ordered the same struck out. The notice on motion before me was lodged in Court on 1st December, 1999. Mr Deverell for the applicant contended that the motion before me was brought without any delay; I did not hear Mr Shah for the respondent say anything to the contrary.
In an application such as this one, I do not think that a single Judge of the Court would be justified in refusing to exercise the unfette…