' The appellant, filed a suit for recovery against the respondents under the provisions of Banking Tribunals Ordinance, 1984, which was decreed by the learned Banking Tribunal vide judgment and decree, dated 9-1-1994. However, the Tribunal has refused to award liquidated damages to the appellant and also the mark-up for the cushion period of 210 days, amounting to Rs,1,03,000. It is this part of the judgment and decree, which has been challenged by the plaintiff-Bank through this appeal.
2. None appears on behalf of the respondents, despite being represented by Mr. Azmat Saeed, Advocate, whose name is mentioned in the cause list, thus they are proceeded ex parte.
3. Ex parte arguments heard. As regard non-award of the liquidated damages, is concerned, suffice it to say that this issue has been conclusively settled by the Division Bench of this Court in the judgment reported as Allied Bank of Pakistan, Faisalabad v. Messrs Aisha Garments, etc. 2001 M LD 1955, thus for the reasons given in the judgment, it is held that the appellant is not entitled to the liquidated damages.
As regards the other plea, that the mark-up for 210 days i,e, cushion period, has been erroneously refused by the Tribunal below. We find that in the statement of the accounts appended with the plaint, mark-up amounting to Rs,1,03,000 for such cushion period was added, but while passing the impugned judgment and decree, this has been erroneously and illegally disallowed by the Tribunal.
The Court under the law was bound to award mark-up to the appellant of such cushion period.
' In the light of above, we modify the judgment and decree of the Tribunal and award Rs,1,03,000 mark-up on cushion period. This appeal is accordingly allowed.