JUDGMENT

T.S. THAKUR, J.

1. Leave granted.

2. 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 corporation to refund to the respondents the amount deposited by them.

3. The appellant-corporation floated two tenders one dated 17/10/2012 and the other dated 19/11/2012 for construction of a shed and a boundary wall. The respondent-contractor submitted two separate tenders in response to the said tender notices enclosing therewith an amount of Rs.4,41,000/-and Rs.3,34,000/-respectively towards earnest money deposit. The tenders were in two parts, one technical and the other commercial. While the technical bids were opened and found compliant, the financial bids had yet to be opened when the respondents moved an application addressed to the AGM (C&M) of the appellant-corporation at Rai Bareilly withdrawing the bids submitted by it and asking for being excluded from consideration besides praying for refund of the earnest money depo