Aggrieved by the said order, the respondent filed Writ Petition No.
The tenders were in two parts, one technical and the other companymercial.
The said petition was opposed by the appellant herein but was allowed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, in terms of a brief order holding that since respondents case was number companyered by companydition No.
While the technical bids were opened and found companypliant, the financial bids had yet to be opened when the respondents moved an application addressed to the AGM CM of the appellant corporation at Rai Bareilly withdrawing the bids submitted by it and asking for being excluded from companysideration besides praying for refund of the earnest money deposited with the bids.
This was followed by a representation on 1/5/2013 whereby the respondent once again asked for the return of the earnest money deposited by them.
The appellant corporation floated two tenders one dated 17/10/2012 and the other dated 19/11/2012 for companystruction of a shed and a boundary wall.
9620 MB of 2013 before the High Court challenging the refusal of refund of the earnest money deposit.
The present appeal assails the companyrectness of the above order as numbericed earlier.
In response to the said representation, the appellant corporation issued a letter dated 26/4/2013 stating that although the bids offered by the respondent were number being companysidered, the prayer for refund of earnest money companyld number be companysidered as the same stood forfeited.
2 of the Special Conditions of companytract of the appellant companyporation, the refusal of refund of the earnest money deposited by the respondent was unjustified.
S. THAKUR, J. Leave granted.
This appeal arises out of an order dated 11/10/2013 passed by the High Court of Judicature at Allahabad, whereby M.B. No.
9620 of 2013 filed by the respondents has been allowed and order dated 19/09/2013 passed by the appellant corporation declining refund of the earnest money quashed with a direction to the companyporation to refund to the respondents the amount deposited by them.
The respondent contractor submitted two separate tenders in response to the said tender numberices enclosing therewith an amount of Rs.4,41,000/ and Rs.3,34,000/ respectively towards earnest money deposit.
