VIJENDER JAIN, J.

( 1 ) THIS writ petition has been filed on account of rejection of the tender of the petitioner. Mr. Chandhiok, learned Senior Counsel appearing for the petitioner has contended that the condition of earnest money deposit of Rs. 5000/- was not mandatory and in support of this contention, the learned Senior Counsel for the petitioner has contended that as per the chart filed by the respondent themselves in cases where pan card was not provided by the tenderer, lorry not offered or photograph not provided and in cases where tenderer and export licence holder is different, the respondent has accepted offers of all such bidders. It has also been contended by the learned Senior Counsel for the petitioner that the petitioner is the dealer of the product of the respondent.

( 2 ) THE petitioner has its own outlet. The land wherefrom the petitioner is operating petrol pump belongs to him and an amount of over Rs. 1 lac was already lying credited in the account of the respondent and, therefore, the earnest money could have been deducted by the respondent from that account. We are afraid that the submission of the learned Senior Counsel for the petitioner is not well founde