https://www.taxtmi.com/caselaws?id=96839 Section 186 of the Companies Act provides a special, discretionary recovery procedure in winding up and does not compel the court to make an order in every case. Where a contributory has an accrued right of set-off, the court may refuse to proceed under that section if doing so would deprive the contributory of a defence available in an ordinary suit. The winding-up framework preserves insolvency principles through section 229, and the special procedure should not be used to defeat a debt-against-debt set-off, especially where the claim is not a call on shares. en-us Mon, 04 Nov 1940 00:00:00 +0530 Wed, 11 Jan 2012 14:53:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=96839 Section 186 of the Companies Act provides a special, discretionary recovery procedure in winding up and does not compel the court to make an order in every case. Where a contributory has an accrued right of set-off, the court may refuse to proceed under that section if doing so would deprive the contributory of a defence available in an ordinary suit. The winding-up framework preserves insolvency principles through section 229, and the special procedure should not be used to defeat a debt-against-debt set-off, especially where the claim is not a call on shares. Case-Laws Companies Law Mon, 04 Nov 1940 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=96839