https://www.taxtmi.com/caselaws?id=98619 In a winding-up, a defendant's cross-demand may be used defensively as a set-off against the company's claim, but it cannot be pursued as an affirmative counterclaim for the excess without leave under section 231 of the Companies Act 1948. The provision is directed to orderly administration of the company's assets for the benefit of all creditors, and a pleading framed as an account or declaration will be treated according to its substance. Any attempt to obtain proof in the liquidation beyond simple set-off requires leave of the Companies Court. en-us Wed, 05 Feb 1969 00:00:00 +0530 Fri, 16 Feb 2018 10:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=98619 In a winding-up, a defendant's cross-demand may be used defensively as a set-off against the company's claim, but it cannot be pursued as an affirmative counterclaim for the excess without leave under section 231 of the Companies Act 1948. The provision is directed to orderly administration of the company's assets for the benefit of all creditors, and a pleading framed as an account or declaration will be treated according to its substance. Any attempt to obtain proof in the liquidation beyond simple set-off requires leave of the Companies Court. Case-Laws Companies Law Wed, 05 Feb 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=98619