JUDGMENT :

Harish Tandon, J.:

1. The instant mandamus appeal arises from the order dated 20th July, 2021 passed by the Single Bench in I.N. No. GA/2/2021 in AP 89 of 2015 allowing an application filed by the respondent seeking withdrawal of the amount deposited in terms of the order dated 15th January, 2021 upon furnishing a bank guarantee for Rs. 1.50 crores.

2. Shown of unnecessary details, the undisputed facts are adumbrated herein below in order to have a clarity on facts in pursuit of deciding the points canvassed by the respective counsels in this appeal.

3. A notice inviting tender no 8 of 2010-11 was published by the Superintendent Engineer, Public Works Department and Public Works Road, North Bengal construction, Circle-I, Jalpaiguri for construction of RCC Bridge over river Sanaijan at Kangratoli on Imigration Road at Mekhliganj, District Jalpaiguri under Coochbehar division PWD. The respondent herein participated in the tender process and was adudged as the lowest bidder and a contract was awarded in his favour with clear stipulation that the work could be completed within 12 months. Later on, a formal contract was executed between the parties on September 29, 2010 followed