real physical distinction
continues to exist between an equitable set off and a legal set off, at
this distance of time in history ... which the Supreme Court held that equitable set-off is different
from legal set-off and that it is independent of the provisions
Rama Bhovi which could be adjusted and satisfied
during an equitable set off of the said property to the
half share of his vendor ... partition, while considering
quantification of share and also while considering
equitable set-off of the sale deeds of the purchasers
towards the share
amount is not refundable. According to
defendant, they are entitled to set off of this amount of Rs.1,63,00,000/-
Gauri Gaekwad
::: Uploaded ... stated "............... This defendant is in law entitled to
set off/equitable set off and/or make an equitable set off and/or adjust
amount is not refundable. According to
defendant, they are entitled to set off of this amount of Rs.1,63,00,000/-
Gauri Gaekwad
::: Uploaded ... stated "............... This defendant is in law entitled to
set off/equitable set off and/or make an equitable set off and/or adjust
petitioner itself it is clear that the claim for set off
and counter claim are ex-facie barred by limitation and are thus rightly
dismissed ... learned Arbitrator that it was entitled to a defense of
equitable set off which would be affected by the provisions of Limitation
Act . He submits
petitioner itself it is clear that the claim for set off
and counter claim are ex-facie barred by limitation and are thus rightly
dismissed ... learned Arbitrator that it was entitled to a defense of
equitable set off which would be affected by the provisions of Limitation
Act . He submits
considered the principle of
'statutory set off' and 'equitable set-off' vis-a-vis Order 8 Rule ... this Court ruled
that a plea in the nature of equitable set-off is not
available when the cross-demands do not arise
contract against the amount payable in
another contract by way of equitable set off.
It is further stated that with regard to the
amount which
contract against the amount payable in
another contract by way of equitable set off.
It is further stated that with regard to the amount which
cause?
5. Whether the Defendants prove that they are
entitled to set-off in the sum of
Rs.11,52,98,881/- as claimed ... claimed, from the
Plaintiff as and by way of set off (legal
and/or equitable) and/or counter claim?
9. What order?
10. What costs
