Justice Muhammad Ghani of the Lahore High Court (LHC), while dismissing an appeal filed by Mashreq Bank, has observed that a bank waived its right in invoking the penalty clause in the deed of compromise if it failed to exercise the same at appropriate time.
The petitioner bank has approached the LHC against M/s Nazir Cotton Mills Limited (NCML) and others for causing delay in making payment of the installments to the bank.
Both the parties have reached an agreement on October 1997, and a consent decree was accordingly passed on November 1979. NCML agreed to pay Rs 41 million to the bank as full and final settlement of NCML's liabilities to the bank.
The court observed that bank deliberately did not choose to raise objection over the delayed payment of the installment.
The bank by receiving the amount of delayed installments without any objection whatsoever has created an impression that it had adopted non-contentions attitude and a clear stance of no grievance.
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