goods sold, supplied and delivered by claiming
a set off against a disputed claim for damages made in a Suit filed and pending
before ... purported set- off claimed by the Defendant was not an equitable
set off.
8. The Plaintiff, therefore, filed the above Summary Suit under the provisions
case in a time bound
manner. Accordingly, additional issue of 'equitable set off' in
modification of the issues of the suit vide orders ... Court
dated 18.10.2016 by which, additional issue of 'equitable set
off' has been framed by the Court. There are no formal orders
instituted by the company, is in the nature
of an 'equitable set off' to the dues payable by the company to the
petitioning ... such suit, the same ought to
be regarded as an "equitable set off" or at least in the nature of an
"equitable
cases where
the claim is crystallized, the State Government
can set off and adjust those amounts from the
money due and payable in respect ... more
controversial. The claim is founded in the
doctrine of equitable set off, but we do not find
evidence before us to bring the case
quite clear
that equitable set-off is different than the legal set-off;
that it is independent of the provisions of the Code of
Civil ... said
discretion has to be exercised in an equitable manner.
An equitable set-off is not to be allowed where protracted
enquiry is needed
off
against each other. In the present case, the principle of equitable set-off
be applied. In support of his contention, learned counsel would rely ... Union of India v. Karam Chand Thapar ) regarding the principle of
equitable set-off is not applicable to the present case. Mere apprehension
with the Bank.
15. Now, right to set off would come into play. Right to set off is a right
judicially recognised which arises from ... principle of equity and it
is an equitable right. Right to set off is not a contractual right but
follows from the custom and usages
with the plaintiff and the defendant is entitled to set off the same legality
and equitably, against the claim for arrears?
(III) Whether the suit
dismissed this appeal, holding
that MAT credit can be claimed for set off only in respect ... that the
MAT credit could be sought set off only in respect of the tax calculated under the
normal provisions of the Act in excess
submit that if the amounts
were meant for the purpose of setting up of the plant and interest
earned on account of temporary deployment ... more logical, legal, rational and equitable
that interest derived during the project implementation stage be
allowed to be set off from the cost of project
