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Gunjan Sinha Jain vs Registrar General,High Court Of Delhi on 9 April, 2012 Author

Distinction Equitable set-off differs from legal set-off. The following are the points of difference between the two: (a) Legal set-off must ... same transaction. (d) In a legal set-off, it is necessary that the amount claimed as set-off must be legally recoverable and must

considered as set off. Though legal set off can be rejected on the ground of limitation, but equitable set off ::: Downloaded on - 09/06/2013 ... submitted that vide Order XX Rule 19(3) of CPC (equitable set off), there is no limitation applicable , thus the Arbitral Tribunal could not have

considered as set off. Though legal set off can be rejected on the ground of limitation, but equitable set off ::: Downloaded on - 09/06/2013 ... submitted that vide Order XX Rule 19(3) of CPC (equitable set off), there is no limitation applicable , thus the Arbitral Tribunal could not have

nature of either payment or adjustment or set-off (including equitable set-off) or counter- claim. The reason why the defences are separately classified ... plea of adjustment is the same as the plea of equitable set-off. Though the effect of both the pleas is extinguishment of the claim

Respondent's case that the set off is not permitted. The concept of set off though different than the counter-claim still ... entitled to the right of set off as the doctrine of equitable set off does not apply to a claim for freight and specially

prayer of the Plaintiff to set up a counter claim or, in the alternative, an equitable set off, on the ground of limitation ... equitable grounds. Prima facie, the question of limitation would not be relevant when an equitable set off is sought to be pleaded. Be that

Respondent's case that the set off is not permitted. The concept of set off though different than the counter-claim still ... entitled to the right of set off as the doctrine of equitable set off does not apply to a claim for freight and specially

rescue of the 1st respondent. Rule 19 provides for set-off in the case of cross-claims contained in the same decree. In Subramanian Chettiar ... 2012 6 decree for specific performance. The court could even allow equitable set-off provided that the cross demands have arisen out of the same

demands legal or equitable which Shriram Group Companies may have against the Borrower or which the by law of set off or mutual credit would