dear learned colleagues.
I seek learned colleagues indulgence for their considered opnion on the following legal situation
1. DISPUTE AROSE BETWEEN TWO PARTIES in two different tsransactions under two separate agreements AND REFERENCEs MADE TO two ARBITRATORs separately.
3. TWO DIFFERENT ARBITRATION PROCEEDINGS ARE IN PROCESS.
4. IN FIRST CASE CLAIMANT MADE A CLAIM STAT MENT....RESPONDENT WHILE GIVING STATEMENT OF DEFENCE MADE A SET OFF an ADMITTED DUE AMOUNT AGAINST THE ALLEGED AMOUNT DUE IN THE SECOND AGREEMENT.
5 . IN ONE LEADING CASE UNION OF INDIA VS KARAM CHAND THAPPER HON. APEX COURT
GAVE DECISION THAT SET OFF IS NOT PERMISSIBLE IN SUCH A SITUATION and gave excellent reasoning basing on equity principles and touche dupon few provisions of CPC ..
CAN ANY LD COLLEAGUE THROW SOME LIGHT ON THE ABOVE situation WITH PRECEDENT LAW IF AVAILABLE.
i made above QUERY ISPURELYO ON ACADEMIC GROUND as also for objective analysis in the matter and does not pertain to any practical transaction.,
DR VEDULA GOPINATH vgnath@gmail.com
