STATE OF MANIPUR Vs. LIMRAS LOTTERIES
LAWS(MANIP)-2019-8-2
HIGH COURT OF MANIPUR
Decided on August 29,2019

STATE OF MANIPUR Appellant
VERSUS
Limras Lotteries Respondents

JUDGEMENT

M.V.MURALIDARAN, J. - (1.) This appeal has been filed by the appellant against the judgment and decree dated 25.09.2006 made in Original (Money) Suit No.56 of 2000 on the file of the learned Additional District Judge (Fast Track Court), Manipur East, Imphal. The appellant is the plaintiff and the respondents are defendants in the suit.
(2.) For the sake of convenience, the parties are referred to as per their rank in the Original Suit, which has been filed for recovery of a sum of Rs.2,73,61,373/- from the defendants.
(3.) Brief facts is as follows: The first defendant was appointed as Distributing Agent of Manipur State Lotteries and on 06.11.1992, an agreement was executed between the plaintiff and the First defendant. In terms of the agreement, the first defendant was required to furnish a bank guarantee for Rs. 25 lakhs and, accordingly, it had furnished the bank guarantee dated 21.01.1993 issued by the second defendant in favour of the plaintiff. Subsequently, the agreement dated 06.11.1992 was superseded by executing agreements dated 30.1.1993; 07.05.1994; 29-04-1995 and 15.04.1997 and the bank guarantee was also correspondingly extended from time to time by the second defendant on the instruction of the first defendant. The last extended date was 19.01.2000. In terms of the last agreement dated 15.04.1997, the first defendant was required to furnish four separate bank guarantees for a total sum of Rs.60 lakhs and the first defendant furnished the same. ;


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