1. As the issues raised in these five writ petitions namely C.W.J.C. Nos. 16359 of 2008, 16378 of 2008, 16551 of 2008, 19081 of 2008, 4432 of 2009 and 593 of 2009 are common, they are taken up for disposal together.

2. In these writ petitions, the petitioners pray refund of the entire amount deposited by them in bid with interest at market rate, as Railways failed to deliver the auctioned materials in time.

3. The petitioners are proprietary concerns engaged in sale and purchase of Railways scraps and other materials. Railways from time to time have been holding auction of its scraps and other waste materials, which are held at different places. The sale and purchase is governed by auction notice as well as Standard Conditions of Auction Sales. The auction notice and Standard Conditions of Auction Sales have been annexed as annexures both by petitioners as well as by the Railways.

4. It is not in dispute that the petitioners were declared highest bidder in auction sales held by the Railways. As required under the auction notice and Standard Conditions of Auction Sales, the petitioners deposited the earnest money by fall of hammer on the same day. Further more pursuant to i