- (1.) THIS is an application of the defendant no. 1 for the purpose of obtaining leave to amend the written statement and various other consequential reliefs by incorporating paragraphs 20 (A)and 20 (G) as underlined by red ink to set up a claim of set off and/or counter claim for the purpose of recovering loan given by the defendant No. 1 to the plaintiff No. 1
(2.) THE original suit was instituted In the year 1993 by the plaintiffs being agents of the company for recovery of their claim praying inter alia (a) Leave under Clause 12 of the Letters Patent; (b) Declaration that the plaintiffs are entitled to be paid all commissions and other incentives payable to agents/field officers by the defendants in respect of the transactions and/or business which was done through the customers/certificate holders introduced by the defendant no. 9 and/or her field officers/agents introduce by her in accordance with the relevant circular/terms and conditions of appointments of all agents/field officers of the defendants until suitable disciplinary actions are taken by the defendant no. 1 against the offending defendant nos. 8 to 10 and/or their superior officers/agents working in the concern and responsible for such direction of business of the plaintiffs; (c) A decree for Rs, 25,00,000/- against the defendant no. 1 and against other defendants jointly, severally or in the alternative- (d) An enquiry into the damage suffered by the plaintiffs and decrees such sums as may be found due upon such enquiry a decree be passed on the amount as may be found due and payable; (e) Accounts; (f) Receiver; (g) Injunction; (h) costs and (i) Further and/or other reliefs.
(3.) ON the other hand, by way of proposed amendment the defendant wanted to incorporate the following reliefs : (a) A decree for a sum of Rs. 4,19,509. 43 (Rupees Four lakhs nineteen thousand and five hundred nine and forty three paise only), in favour of the Peerless General Finance and Investment company Ltd. , the above-named defendant no. 1 and against jitendra Kumar Khan, the above-named plaintiff no. 1, as stated in paragraph 20e above; (b) A decree for further interest, as stated in paragraph 20f above; (c) If necessary, an enquiry into the sum due and payable by jitendra Kumar Khan, the above-named plaintiff no. 1, to the peerless General Finance and Investment Company Ltd. , the above-named defendant no. 1, and a decree for the sum found due on such enquiry; (d) Receiver; (e) Injunction; (f) Attachment; (g) Costs and (h) Further or other reliefs;;