STATE OF ASSAM Vs. M S ASSOCIATES

JUDGEMENT

(1.) This appeal arises out of the order dated 24-8-1993 passed by the Assistant District Judge No. 2, Guwahati in Misc. (J) case No. 84 of 1993 arising out of the Title Suit No. 70 of 1993. By the impugned order, the learned Judge granted injunction as prayed for by the plaintiff.

(2.) The background of the case is that the plaintiff brought a suit against the State of Assam and Director of State Lotteries. The suit was only for permanent injunction as will be evident from the Cause Title. The prayers which were made are as follows :

(3.) That. the defendant as per agreement approved 15 numbers of lotteries as given in paragraph 7 of the plaint. The first draw of the lottery was held on 6-2-1992 as per schedule approved by the Government. It is stated that the plaintiff spent a huge sum of money to establish the Assam State Lottery in the market and it was because of the effort and endeavour of the plaintiff, that the lottery was organised in a proper manner. Suddenly on 30-7-1993 the defendant No. 1 served a notice on the plaintiff whereby the defendant No. 1 wanted to terminate the agreement mentioned above. The notice inter alia states as follows :