ascribed to the term ‘set-off’,
namely, (a) statutory or legal set-off; (b) common law set-off; (c)
equitable set-off; (d) contractual set ... right to set-off in the absence of contractual right to set-off depends
on the statute of set-off and equitable set-off. Further
issues arising thereunder and not
on the validity of set-off and the set-off claim was pending in the Pre-
Institution Mediation proceedings ... legal principles of the
doctrine of equitable set off and legal set off. Conscious of the fact and
noting that provisions of CPC are inapplicable
set-
off."
18. What the rule deals with is legal set-off. The claim sought to be set-
off must be for an ascertained ... equitable set-offs at all. The
most important distinction between a legal set-off as mentioned in the
Code, and an equitable set-off
position is well settled that a plea in the nature of
equitable set off is not available when the cross demands do not arise ... equitable set off is not made out and such plea
cannot be considered to be the plea of valid set off; much less
position is well settled that a plea in the
nature of equitable set off is not available when the cross demands
do not arise ... equitable set off is not made out and such
plea cannot be considered to be the plea of valid set off; much less
off under Order
VIII Rule 6 of the CPC nor an equitable set off was available to Meiden as the
same did not arise from ... Tribunal had failed to appreciate that
Meiden was entitled to an equitable set off. He also contended that the
transactions giving rise to Meiden
types of set off in common law jurisprudence,
namely (a) statutory or legal set off (b) common law set off (c) equitable set
off ... legitimate set-off is not to be considered at
4
all. Such set-off may be considered at the stage of filing of proof
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
public auction to Adwel whereas the subject matter of the 'equitable set-
off claim' was in respect of a contract for display ... have any connection and also set apart in time.
Consequently, the claim for equitable set-off was held as inapplicable.
Reference was also made
set-off under Order VIII
Rule 6 of CPC , nor an equitable set-off. In this regard, the plaintiff has
relied upon the judgment
