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
defendant no. 1 (Through his LR's) is entitled to equitable set off of
109 sq. Yds. Of excess land under their occupation
Estate Officer. As such, it is argued, the
principle of equitable set off as contemplated in Order
XXI Rule 19 of the Code of Civil ... respondent no.1 is extremely interesting. Although
the principle of equitable set off in execution is well-
settled, the same is not ex facie applicable
set off or adjusted. Apart from the
rule enacted in Rule 6 above-said, there exists a right to set-off, called
equitable, independently ... said discretion has to be exercised with an
equitable manner."
55. An equitable set-off is not to be allowed where protracted enquiry
would be pertinent to first
expound what a set off is.
30. "Set-off" is defined in Black‟s Law Dictionary ... What the rule deals with is legal set-off. The claim sought to
be set off must be for an ascertained sum of money
respondent/writ petitioner by invoking the
doctrine of 'equitable set off'. This contention was
rejected
respondent
did not fall within the ambit of an equitable set-off. All the respondent's
claims amounting to Rs.9.54 crores having
students and
cannot deny the same on the ground of equitable set-off, even when the
amount that is sought to be claimed
National Highways Authority Of India vs Trichy Thanjavur Expressway Ltd. on 21 August, 2023
Author
Pernod Ricard India Private Limited vs A B Sugars Limited & Anr. on 31 October
