( 1 ) THE petitioner M/s. S. Paul and Co. , a registered firm was appointed sole agent for sale of Tripura State Lottery Tickets by a concluded contract of agency in the form of written agreement dt. 23rd Oct. 1982, in modification of an earlier agreement dt. 12th Nov. 1981 and the sole agency continued till the 166th draw of the lottery which was scheduled to be held on Oct. 4, 1983, after which it stood terminated by mutual agreement.

( 2 ) CLAUSES 8, 9 and 16 of the said agreement dt. 23rd Oct. 1982 (Annexure 'a' to the writ petition) were as follows : --"8. That in consideration of the grant of the sole agency the sole agent shall pay to the Government a sum equivalent to 60% of the value of the tickets, balance 40% being retained by the sole agent as commission including expenses on publication of result, publicity for the lottery, checking of tickets and other organisational and administrative expenses of the sole agency. That it shall be obligatory for the sole agent always to pay in advance and/or execute bank guarantee equivalent to net values payable to the Government in terms of the foregoing paragraphs in lieu of lots of tickets earmarked for each d