equitable set off which the petitioner was entitled to seek and such
right was different than the right of legal set off provided in Order ... premise that the petitioner had actually set
off their claim and subsequently admitted not having actually set off,
15/21
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allowing the set - off observing as follows (at p. 117) :-
"If however the set - off could be claimed as an equitable set - off there ... set - off or counterclaim, and there is no reason whatever for restricting the term "set - off" in that definition to a legal set
set-off cannot be said to affect the right to claim such a set-off wherever it vests in a party. Normally, an equitable set ... open to the lessee to set up by way of equitable set-off an unliquidated claim for damages which was barred at the date
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
considered as set off.
Though legal set off can be rejected on the ground of limitation, but equitable set off
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vide Order XX Rule 19(3) of CPC (equitable set off), there is no limitation
applicable , thus the Arbitral Tribunal could not have
such entitlement, the right to make deductions or
claim an equitable set-off could have been exercised by them. When
one examines the Final Partial ... could be read down on equitable and commercial common-
sense principles to permit withholding or an equitable set-off has also
been addressed. This
considered as set off.
Though legal set off can be rejected on the ground of limitation, but equitable set off
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vide Order XX Rule 19(3) of CPC (equitable set off), there is no limitation
applicable , thus the Arbitral Tribunal could not have
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
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
only plead by way of set-off or counter-claim that which is permitted by those rules. A set-off can be pleaded ... keep separate the questions of set-off and counter-claim when the defendant seeks to claim as a set-off not money
