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Goyal Mg Gases Private Limited vs Neelachal Ispat Nigam Limited (Ninl) & ... on 11 March, 2022

45. Thus, assuming any such debt existed, learned Counsel for the respondents contend that MMTC was entitled to set off the said debt against the amounts outstanding from NINL, relating to the working capital and trade finance facilities extended by MMTC to NINL. Reliance has been placed, for this principle, on the judgment of the High Court of Bombay in Tayaballi Gulam Husein v. Atmaram Sakharam22 and Addepalli Satyanarayanamurthy v. Vadlamannati Venkateswararao23.
Delhi High Court Cites 63 - Cited by 0 - C H Shankar - Full Document

Addepalli Satyanarayanamurthy vs Vadlamannati Venkateswararao on 27 November, 1936

There is clear authority upon this point that in execution proceedings such matters can be gone into and that is Tayabali Ghulam Hussein v. Atmaram AIR 1914 Bom 299, and my attention has not been drawn to any case in which the principle laid down there has not been followed or has been dissented from. This civil revision petition must therefore be allowed and the case remanded to the Subordinate Court for disposal according to law. The petitioner is entitled to his costs of this petition.
Madras High Court Cites 2 - Cited by 1 - Full Document
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