These two transfer C.M.Ps. are between the same parties and in relation to the same cause of action. Hence, they are disposed of through a common order. For the sake of convenience the parties are referred to, as arrayed in Transfer C.M.P.No. 298 of 2006.

2. The petitioner is a Corporation established by the Government of Andhra Pradesh. It issued a notice, dated 5-10-2004 inviting tenders for sale of cleaning nuts of about 2500 quintals, stored at four centres. The second respondent submitted its tender for purchase of quantity at Hyderabad centre and it emerged as the highest bidder, by quoting Rs. 4,500/- per quintal. The tender was accepted and the contract came into existence.

3. The petitioner initiated steps for forfeiture of the E.M.D. of about Rs.10 lakhs. The respondents filed O.S.No.209 of 2006 in the Court of Chief Judge, City Civil Court, Hyderabad, challenging the forfeiture. The petitioner, on the other hand, filed O.S.No.112 of 2006 in the Court of II Additional District Judge, Visakhapatnam for recovery of a sum of Rs. 54,80,000/- towards damages said to have been suffered by it, on account of breach, alleged to have been committed by the respondents.

4. Transfer