IN THE HIGH COURT OF SOUTH AFRICA KWA ZULU-NATAL LOCAL DIVISION, DURBAN CASE NO: 9448/2015 Inthe matter between: ASHWIN BUNSEE PLAINTIFF and SHYAM VATHER DEFENDANT AFFIDAVIT eS he undersigned <0 hereby make oath ard say: |.am tne Applicant in this matter and the Plaint in the main setion herein, ‘The facts wid allegations contained in are within my personal knowledge and belief unless otherwise stated or leary indicated by the contrary and are true and comect | instituted an aetion againet the Defendant inthis Honourable Court undor ease under e820, L f ressne action was defended by the Respondent who is the Defendant in that main action. Tre Defendant delivered his plea during or about 03 December 2018 and pleadings have now closed After the close of pleadings, | caused to be delivered to the Defendants attomeys @ ‘otice raling for discovery, by the Defendant, in tes of Rule 35(%) of at ‘documents in the possession of the Defendant whicn are relevant to this action. 6 eat oe The sale notice was served on the Defendant's attorneys onthe 12 February 2016 anes hereto marked a rue copy of the ssi notice which also bears proo! ot SeniVe onthe Natondants atomaye “The Defendant did not deliver his aiscovery affidavit within the time period specified In the Annexure" and also specified in the Uniform Kules of this Honourable Court 9 Aczordinaly. tne Uetendant has faled to discover 10. This causing a delay n my applying fora tral date and aso in my preparation for ‘al whieh is causing me prejudice. In any event, the Respandent is not entitled to ‘grote the provisions ofthe Uniform Rules of Court nor ta refuse to discovery or fll toconpiy ut te obgaion fo dcover Page ofS, LfIn the circumstances. | respectully submit the Respondent should be direcied by this Honourable Court to comply withthe discovery process and ta deliver his iscovery. affidavit WHEREFORE | respectfully ask this Honourable Court to grant an arder in terms of the Notice of Motion prefixed hereto, or such other relief as the Court deems fit ‘Ashwin Bunsee | HEREBY CERTIFY that the Deponent has acknowledge that he knows an understané the conlenis ty Aifdavi which wes signed and sworn to bare Imes! DURBAN onthe 2/7 “bny of cE 7 BES 2016 he Relations contained in Govgtrment Notice No. RIZE of 21 duly FERDRE ended) having comteg wih 7 ME ema, vath COMMISSIONER OF OnTHS otis FULLNAMES, ZEEE" ATE SEE ADDRESS. 2 Seka me lage? Site COP Pape sors