Which of the following statements is correct? In an original application filed under Section 19 of the…
Section 19(6) permits set-off of an ascertained sum legally recoverable from the applicant, subject to procedural conditions. Section 19(8) additionally permits a…
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Which of the following statements is correct? In an original application filed under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993:-
Answer and explanation
Correct answer A
Section 19(6) permits set-off of an ascertained sum legally recoverable from the applicant, subject to procedural conditions. Section 19(8) additionally permits a counterclaim with the effect of a cross-suit.
Option feedback
Option A
Set-off of an ascertained legally recoverable sum and a counterclaim are permitted subject to statutory conditions.
Option B
Section 19(8) expressly permits a counterclaim.
Option C
Section 19(6) expressly permits qualifying set-off.
Option D
Both procedures are recognised, so denying both is wrong.
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Delhi Higher Judicial Service