JUDGMENT :

S.V. GANGAPURWALA, J.

1. Respondent No.1 published an advertisement on or about 31st October 2021 inviting the applications for lease of plots for residential-cum-commercial use for Sector-11, Khargar, Navi Mumbai. The Petitioner herein, on 23rd November 2021 submitted its offer for Plot Nos.103, 108 and 109. The Petitioner deposited the amount of EMD as required. On 25th November 2021 the bids were opened. The Petitioner’s bid was highest. The Petitioner, on 14th March 2022 issued a letter asking refund of the EMD amount on the ground that the validity of the bid period had expired. The Petitioner referred to Clause 5 and 25 of Part-A of the brochure/booklet. On or about 27th April 2022, a letter was issued by Respondent No.1 allotting Plot Nos.103, 108 and 109 to the Petitioners. The Respondents refused to refund the amount of EMD resorting to Clause 4 and 5 of the brochure/booklet.

2. It is the contention of the learned Counsel for the Petitioner that Clause 5 read with clause 25 clearly recites that the bidder can withdraw the offer after period of 90 days from the date of opening of the tender.

3. Upon opening of the tender, the Petitioner waited for 90 days and thereaf