defendant no. 1 (Through his LR's) is entitled to equitable set off of
109 sq. Yds. Of excess land under their occupation
means that set off
under the said provision can only be for a sum which is fixed,
determined and quantified. The set off cannot ... compensation which he claims to set-off. The amount not being
ascertained cannot be set-off.
(d) A sues B on a bill of exchange
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
written statement of the
defendant setting up any case of legal setoff, or counterclaim or equitable setoff.
The Order 8 Rule ... further consider
the case of the defendant being a case of equitable setoff, the equitable setoff cannot
be claimed as a matter
respect of which Nimbus India's plea of equitable set
off is exfacie untenable.
37. Setoff is like a cross suit ... held that the Nimbus India's
plea of equitable setoff is exfacie untenable. It was observed that
setoff is like
provides that a defendant may file a counter claim or
set off. The set off as per order 8 Rule 6 CPC may be claimed ... money, an
equitable set off may be claimed, but not as of right. It is the only the legal
set off for which the procedure
right to set off dealt with by O.8, R. 6
C.P.C . Is a legal set off. Its characteristics are
that ... Court of equity in England
allowed a plea of equitable set off being
entertained though the amount was
unascertained and there were mutual debits
view these pleadings constitute a set off, though not a
legal set off but an equitable set off as it is the case
months prior to 02.09.2020.
21. It is settled law that legal set off/Counter claim arising out of
same transaction has to be pleaded, prayed ... proved on record.
However, Courts in its discretion can consider equitable set-offs
if arises out of the same transaction. Plaintiff admittedly put forth
aforesaid
M/S Icici Bank Limited vs Suveer Srivastava on 28 November, 2025
BEFORE THE COURT