A entered into Consent Terms with B.
B was supposed to pay A agreed amount on specific dates in installments with interest on reducing balance.
It was also agreed that upon default made by B by not making payment on specific date would result into A proceeding with Execution Application.
B defaulted to make payment of one of the installment on the date specified. B made the payment of the said installment after a gap of 10 days without interest.
A reminded B to pay the interest and mentioned that it will be counted as a default. B made the payment of interest to A. A accepted the payment of interest without prejudice to his rights to proceed with the Execution Application.
A claims that he has right to proceed with Execution proceedings. B has challenged the said Execution Application.
Kindly advise what is the legal position of A in the present matter. Also if possible request for some case laws to help A in this matter
Thanking you
