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 ... what is the difference between the legal set off and equitable set off, we may profitably refer to paras 24 and 25 of the Full
being able to maintain the
legitimate claim of equitable set off; the set off was in relation to the dues
payable ... held that, in so far as set-off and counter-claim is
concerned, a set-off of amounts due from financial creditors is a rarity
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
applicant Bank and, therefore, the defendant No. 1 was entitled for equitable set-off and the Original Application was liable to be dismissed.
The learned ... Officer, therefore, rejected the claim of the defendant No. 1 for equitable set-off.
The learned Presiding Officer however was in agreement with the other
view of law
settled by this Tribunal itself.
11
13. The Set Top Boxes, having been purchased for consideration, belongs
to Respondent. But, to evade ... entitled
to be held discharged on the principles of equitable set off, in view of
Respondent's dues, qua dividend, against Petitioner Company. Hence
view of law
settled by this Tribunal itself.
11
13. The Set Top Boxes, having been purchased for consideration, belongs
to Respondent. But, to evade ... entitled
to be held discharged on the principles of equitable set off, in view of
Respondent's dues, qua dividend, against Petitioner Company. Hence
view of law
settled by this Tribunal itself.
11
13. The Set Top Boxes, having been purchased for consideration, belongs
to Respondent. But, to evade ... entitled
to be held discharged on the principles of equitable set off, in view of
Respondent's dues, qua dividend, against Petitioner Company. Hence
