JUDGMENT

ARUIT PASAYAT, J.- Challenge in this appeal is to the judgment rendered by a Division Bench of the Orissa High Court directing the appellant Corporation to pay to Respondent 1 a sum of Rs 8.5 lakhs within a period of three months from the date of order with default stipulation that in case of non-payment the amount shall carry interest @ 12% p.a. after three months. The writ petition filed by Respondent 1 was accordingly allowed.

2. Background facts as projected by the writ petitioner in a nutshell are as follows:

The appellant Corporation for disposal of its unserviceable machineries/ equipments and other scrap materials called for successive tenders on three different dates, but because of low offers cancelled them and Respondent 1 writ petitioner on all these occasions was a tenderer. On the last occasion the writ petitioner offered price of Rs 4950 per metric tonne. However, ultimately on negotiation his offer of a lump sum of Rs 55,00,000 for the entire lot described in the Schedules of the list of articles was accepted. It was stipulated that the entire lifting should be completed by 30-11-1993. The writ petitioner besides the deposit of Rs 2,75,000 being the earnest