NIRMAL LOTTERIES Vs. D.D.A AND ANR.

JUDGEMENT

(1.) THIS is a suit for recovery of Rs. 21,41,145/ -(Rupees Twenty One Lakh Forty One Thousand One Hundred and Forty Five only) from the defendant with pendente lite and future interest at 24% per annum from the date of the institution of the suit till the date of realisation.

(2.) THE facts as set out in the plaint are that the plaintiff is a partnership firm duly registered under the Indian Partnership Act, 1932. The defendant No. 1 is the Delhi Development Authority through the Director, State Lotteries. The defendant No. 2 is the Delhi Administration through its Finance Secretary. At the time of the institution of the suit, the defendant No. 1 was engaged in the business and trade of running lotteries and had invited tenders for the appointment of main stockist for running various State lotteries run by the defendant No. 1 on the terms and conditions set out in the invitation to tender. The plaintiff submitted a tender dated 19.12.1990 for running a lottery in the name of Bhagyanidhi Weekly Lottery, of which the draw was to be conducted every Wednesday. As per Clause 3 of the terms and conditions of tender, 52 weekly draws and 2 bumper draws in a year were to be held with the time gap between the two draws to be not less than seven days for weekly draws and three months for bumper draws respectively. As per Clause 9 of the tender, the plaintiff was required to furnish to the defendant a bank guarantee in the sum of Rs. 50,00,000/ -(Rupees Fifty Lakh only) for the due performance of all its obligations. Clause 14 related to the pricing of the tickets while Clause 16 contained the terms and conditions, the fulfillment of which was to be made on acceptance of the tender.

(3.) THE plaintiff deposited the said amount with the defendant and thus started functioning as the main stockist of the defendant.