MUHAMMAD AKHTAR SHABBIR, J.---This R.F.A. arises out of the judgment and decree dated 15-11- 1997 passed by the learned Judge, Banking Court Lahore, decreeing the suit of the plaintiff- appellant (herein) to the tune of Rs.20,67,491.
2. Facts giving rise to the present appeal are to the effect that the appellant-Bank had instituted a suit for the recovery of Rs.51,65,364 but in view of the incentive scheme issued by the State Bank of Pakistan the matter was settled between plaintiff and respondents. The respondent was invited by the Bank-appellant to settle the matter with regard to the defaulted amount through a letter dated 7-6-1997, availing of the benefit of incentive scheme and as a result whereof, the judgment- debtor/respondents deposited 10% down payment by 5-9-1997 to the tune of Rs. Two lacs and given an undertaking to make the payment of remaining amount by 5-12-1997. This amount, too, had been deposited by the respondents with the Bank.
3. Learned counsel for the appellant has only objected that the amount was wrongly calculated which was communicated to the respondents. According to the agreement between the parties, the errors/omissions were accepted by the judgment- debtor/respondents as the outstanding amount was further subject to scrutiny and verification by the Bank.
4. On the other hand, learned counsel appearing on behalf of judgment-debtor-respondents has vehemently opposed the arguments addressed by the learned counsel for the appellant contending that in view of the invitation letter addressed to the respondents by the appellant all outstanding amount under incentive scheme has been deposited by them and the appellant cannot take benefit of its own mistake/error.
5. We have heard the learned counsel for the parties and perused the record. It is admitted fact that under the incentive scheme/relief package announced by the State Bank of Pakistan vide Circular No.19, dated 5-6-1997 the respondents applied for settlement of defaulted amount. The case of the respondents had been examined by the Bank and determined their liability as under:--
1. Original amount advancedRs. 1,903,039.00
2. Other charges Rs. 66,000 00
3. Principal amount Rs.1,969,039 00
4. Plus 5% of Principal Rs 98 ,452 .00
5. Grand Total Rs.2,067,491.00 It was settled that payment be made either in lump sum as early as possible but not later on 5-7- 1997 or to enter into an agreement with at least 10% down payment and arrangement for payment of balance amount by 5-12-1997. Another letter was addressed to the respondents by the Bank on 11-10-1997, stating therein that on rechecking of accounts it has been observed that the amount payable by the respondents has been inadvertently calculated as Rs.2067491 instead of Rs.2756655. The respondents had already deposited 10% amount equal to rupees two lacs and thereafter deposited remaining amount as Rs.1867491. This fact has not been denied by the learned counsel for the appellant.
6. The respondents/judgment-debtors were invited by the appellant-Bank to avail of the benefit of incentive scheme and the respondents in response thereto made a settlement with the Bank and as a consequence whereof deposited the communicated outstanding amount in accordance with the terms of settlement referred to in letter dated 2-8-1997 addressed to respondents by the appellant-Bank and after performance of their part of settlement the appellant cannot claim any further amount from respondents due to its own mistake, therefore, we find that the trial Court had committed no illegality while passing the impugned judgment and decree. Accordingly, we are not inclined to interfere with the same.
7. Resultantly, this appeal having no force is dismissed.