counter claim and set-off

Ladhu Ram Chowdhary (Querist) 22 August 2010 This query is : Resolved
What is distinction between legal set-off ,equitable set-off and counter claim ?

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Chanchal Nag Chowdhury (Expert) 22 August 2010
Set-off is resorted to when the defendant does not deny the plaintiff's claim as a whole but maintains that the claim should be reduced because of certain claims D has on P.This claim is less than what P claims on D.
Legal set-off is set-off which can be assessed while ,equitable set-off may be claimed because of certain mitigating factors which is available not as per contract but in equity.
Counter claim is when D denies the claim of P & on the contrary,claims certain sums to be payable by P to D.

Arvind Singh Chauhan (Expert) 22 August 2010
I go with Chanchal Sir.

s.subramanian (Expert) 22 August 2010
Yes. I agree with Mr.Chanchal.

adv. rajeev ( rajoo ) (Expert) 22 August 2010
i do agree with Chanchal sir,

N.K.Assumi (Expert) 23 August 2010
Yes, concurred with the members responds.

Rajeev kulshreshtha (Expert) 23 August 2010
I also agree with Mr. Chanchal.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 August 2010
No sir things are not that easy.

It is a defendents right that he can raise counter defenses which may be contradictory.

1) So even after denying the whole claim the defendent can also raise sett off without prejudice to denial of whole claim.

2) Sett off can be equitable and legal.

3) Counter is entirely defferent weapon in the hands of defendent.

In counterclaim a new and fresh claim is set up against the plaintiff. It is just like a fresh suit but since parties are same and hence it is allowed in the same suit.

These provisions seems complex but simple and easy tools in the hands of defendent.Most useful in SARFAESI cases.

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