A.K.Ganguly, J. - (1.) Both these appeals were filed against an interim order of injunction granted by a learned Judge of the Writ Court on two writ petitions, one of which has been filed by M/s. Encorp E-services Ltd. and the other one has been filed by one Mr. T. Senthil Kumar. Both the writ petitions raise identical questions of Act and law and the prayer for interim order made in both the writ petitions were disposed of by the learned Judge by judgment and order dated 7th January, 2005. Against the said grant of interim order, which has virtually stayed the criminal investigation, the Inspector General of Police, Kolkata has filed these two appeals.
(2.) With the consent of the parties we are treating both the appeals along with the applications for stay as on day's list as the counsel for both the parties asked this Court to dispose of the appeals finally. As such, we are disposing of both the appeals by this common Judgment.
(3.) The facts in both the writ petitions are virtually identical with some minor differences. M/s. Encorp E-services Ltd. is a company incorporated under the Companies Act whereas Mr.T.Senthil Kumar is a proprietorship concern. Both the writ petitioners are marketing tickets of On-line lottery. M/s. Encorp E-services Ltd. is doing it on behalf of State of Mizoram whereas Mr. T. Senthil Kumar is doing it on behalf of State of Meghalaya. There are various agreements between the writ petitioners and the respective State Governments and their agents which purport to allow the writ petitioners to sell the On-line lottery tickets on behalf of the State. There is not much dispute over these facts.;