The Supreme Court (SC), while dealing with issue of permissibility of mutual set-off of claims under the Corporate Insolvency Resolution Process (CIRP) has held that, the set-off of the dues payable by the Corporate Debtor for a period prior to the commencement of the CIRP cannot be made & is not permitted in law from the dues payable to the Corporate Debtor post the commencement of the CIRP, thus, no statutory set-off or insolvency set-off can be applicable in CIRP under Part II of the Insolvency & Bankruptcy Code, 2016.
