Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1980

Supreme Court of India · 1980-12-12

OFFICIAL LIQUIDATOR OF HIGH COURT OF KARNATAKA vs SMT. V. LAKSHMIKUTTY

Citation / case number
SC 1980/63326
Court
Supreme Court of India
Petitioner
OFFICIAL LIQUIDATOR OF HIGH COURT OF KARNATAKA
Respondent
SMT. V. LAKSHMIKUTTY
Author
P.N. BHAGWATI
Bench
P.N. BHAGWATI

Judgment text excerpt

The Supreme Court upheld the interpretation of Sections 529 and 530 of the Companies Act, 1956, affirming that mutual dealings between a creditor and an insolvent company must be accounted for under Section 46 of the Provincial Insolvency Act. The Court ruled that a creditor can only claim the net amount due after set-off against mutual debts, ensuring fairness in the winding-up process. The judgment aligns with English law principles, reinforcing the applicability of set-off in insolvency proceedings.

OFFICIAL LIQUIDATOR OF HIGH COURT OF KARNATAKA vs SMT. V. LAKSHMIKUTTY · Niyam