Basanti Cotton Mills Ltd. v. Thomas Stuart Gladstone
1944-11-15
body1944
DigiLaw.ai
JUDGMENT Derbyshire, C.J. - In my opinion the judgment of Edgley, J., appealed from, is correct and I agree with it for the reasons he has given. I see nothing in r. 23A which prevented Edgley, J., when he heard the application, or this Court now, from directing that poundage be paid by the Basanti Cotton Mills which set the Sheriff's machinery in motion and obtained the benefit of it. This appeal is dismissed with costs. Let the Registrar pay out the money he holds in the suit to the Sheriff. 2. Our decision is without prejudice to any other rights of the parties to this matter. Lodge, J. I agree.