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.