ORDER :

SANJIV KHANNA, J.

Leave granted.

2. The civil writ petition filed by the appellant – M/s. Hornbill Consultants to enforce the right to carry on mining operations and, in the alternative, refund the amount paid, has been dismissed vide the impugned judgment, with liberty to the appellant to file a suit or take any other appropriate action for recovery of the amounts, in spite of the fact that the Division Bench of the Punjab and Haryana High Court has recorded as under:

“4. ...The provisional acceptance was issued on 05.07.2017 and under the terms and conditions the amounts were to be deposited by 5.00 P.M. on 10.07.2017 (the weekend had intervened as a result whereof the stipulated period of two days was extended up to 10.07.2017). The amounts were to be deposited in a designated account of the respondents at the Axis Bank. This was notified by a corrigendum dated 15.06.2017. The details regarding the account were also sent through the provisional acceptance dated 05.07.2017.

Two separate transactions of Rs.28.75 lakhs and Rs.9.60 lakhs were to be executed by way of transfers into the designated bank account of the petitioner from his other account. However, due to server prob