equitable set-off, which is impeachment of
title, albeit contractual set-off is a result of mutual agreement that
permits set-off and adjustment. Therefore ... certainty."
20. The contractual set-off has been referred to as transactional set-off.
While dealing with equitable set-off, it was held that
equitable set-off, which is impeachment of
title, albeit contractual set-off is a result of mutual agreement that
permits set-off and adjustment. Therefore ... certainty."
20. The contractual set-off has been referred to as transactional set-off.
While dealing with equitable set-off, it was held that
term 'set-off',
namely, (a) statutory or legal set-off; (b) common law set-off; (c)
equitable set-off; (d) contractual set-off ... briefly explain the contours of contractual set-off, statutory/legal set-
off, equitable set-off and insolvency set-off.
12. At the outset we should
Respondent No. 1 /SBI. The Appellant seeks a set-off or equitable set-off against
the sum of Rs. 404,74,85,005.90 claimed ... Crores against the Respondent No. 1 and
further seeking set off/ equitable set off for the sum of
Rs. 404,74,85,005.90/- and thus
statement which reflected that NIL amount to the
Financial Creditor and set-off as claimed by the Corporate Debtor has been
accepted by the Adjudicating ... which the ICD was sanctioned, no set off was permissible and the Corporate
Debtor unilaterally has claimed set off from receivables from the Financial
Creditor
statement which reflected that NIL amount to the
Financial Creditor and set-off as claimed by the Corporate Debtor has been
accepted by the Adjudicating ... which the ICD was sanctioned, no set off was permissible and the Corporate
Debtor unilaterally has claimed set off from receivables from the Financial
Creditor
Cyrus Investments Pvt Ltd & Anr vs Tata Sons Ltd & Ors on 21 September
considered opinion that in all
reasonableness, fairness and on equitableness, it is just and proper to restore the
name of the Company and that ... 2020 of the 'National Company Law Tribunal',
Chennai Bench is set aside. The CA/06/2020 filed by the Appellant before
respondent dated 23.06.2007 which struck off
the name of the petitioner from the Registrar
of Companies, be set aside. At the same time,
however, there ... set aside by this 'Appellate Tribunal' for the
reasons ascribed in this 'Appeal'. The 'Notice' of 'striking off
appellant submitted that the impugned order is liable to be set
aside, being a non-speaking, non-reasoned order. The appellant submitted
that the following ... being
that of an equitable jurisdiction whether the parties have approached this
Tribunal invoking the equitable jurisdiction with clean hands and if not,
whether
