set-off [the debt sought to be set-off along with original documents and other evidence relied on in support of claim of set-off ... right of pleading a set-off under sub-section (6), set up, by way of counter-claim against the claim of the applicant, any right
frequent occurrence touching the entertainability of cross- suits, counter claims and claims of set-off before Debt Recovery Tribunal, and impact of their existence ... set-off 20.5 Sch.I Art 1 of Court fee Act 1870 provides for a written statement pleading a set-off or counter-claim
counter-claim. Counter- claim is a plaint in a cross suit. Therefore, if a counter-claim is set up in
the written statement ... claim set-off or make a counterclaim should state specifically in the written statement that he is claiming set-off or making a counter-claim
counter-claim or set off against them which equals or exceeds the sum claimed by them and which you could not set ... seriously intend to set up a counter-claim.
It is conceded that the judgment-debtor had no counter-claim or set-off against the judgment
counter claim
were filed on 29th December, 2016, which clearly indicates that on the date
of filing of counter claim, the counter claim ... counter claim/set off and would submit that the learned
Arbitrator has placed the claim for set off and counter claim under the same
pedestal
counter claim
were filed on 29th December, 2016, which clearly indicates that on the date
of filing of counter claim, the counter claim ... counter claim/set off and would submit that the learned
Arbitrator has placed the claim for set off and counter claim under the same
pedestal
have been subject, if no set-off or counter-claim had been claimed. Thus, when the counter-claim set up by the defendant-respondent ... claim is like a set off claimed by defendant against claim for money set up by the plaintiff. The decree to uphold set off
fill in the same character in set-off as
well as suit claim.
(f) Claim of set-off must be recoverable by the defendant ... claim of set-off is time-barred, it is not
legally recoverable and hence set off cannot be allowed. If the set-
off exceed pecuniary
enables a defendant to set up, by way of counter-claim against
the claim of the applicant, any right or claim in respect ... mechanics of
litigation before Tribunal (as set out in the Act) -
both exclude set-off or counter claim being placed
before the Tribunal. If set
counterclaim under Order
VIII Rule 6A
i. Counterclaim can be for claim of
damages or otherwise.
9
ii. Counterclaim should relate ... counterclaim.
6C. Exclusion of counterclaim.—Where a defendant
sets up a counterclaim and the plaintiff contends that
the claim thereby raised ought