D. D. SINHA, J. : - Rule. Rule made returnable forthwith by consent of Mr. R. R. Srivastava, learned counsel for the petitioner and Mr. Anilkumar, learned counsel for the Respondent.

2. The counsel for the petitioner states that in the instant case bids were invited by the Respondent -Bank for sale of land with indus:rial shed, plant and machinery of an oil (Vanaspati) Extraction Plant located in the city of Akola vide tender notice dated 9 -10 -2004. It is further contended by the learned counsel for the petitioner that the petitioner was one of the bidder and submitted his tender on 29 -11 -2004. The bids were opened on 12 -2 -2005 and the petitioner was the highest bidder. It is further contended that the amount of Rs. 25,00,000/ - (Twenty Five Lacs) was required to be deposited by the tenderer at the time of submitting the tender as per the condition of tender document and therefore, the petitioner has deposited the Demand Draft of Rs. 25,00,000/ - along with the tender document which was submitted on 29 -11 -2004. The counsel for the petitioner further contended that for the first time the offer of the petitioner was accepted by the Respondent vide im