VALMIKI J. MEHTA, J (ORAL)

1. The present suit has been filed by the plaintiff for recovery of Rs.30,90,000/- alongwith interest at 24% per annum. The total amount of Rs.30,90,000/- is split up into four parts, one amount of Rs.50,000/- being the earnest money amount, second amount of Rs.20 lacs being two months advance licence fee, thirdly of interest claim of Rs.40,000/- upto the date of the suit, and fourthly the claim of Rs.10 lacs towards loss of reputation.

2. The causes of action which are stated in the plaint, though run into several parts, however, learned counsel for the plaintiff at the stage of final arguments confined his claim to the recovery of Rs.20 lacs arguing that on account of failure of the plaintiff to comply with the formalities for creation of a licence for the restaurant space, at best the defendant in terms of Clause 2 of the general terms and conditions of the tender could have forfeited an amount of Rs.50,000/- but not the entire amount with it of Rs.20,50,000/-. It is prayed that the plaintiff be refunded the amount of Rs.20 lacs, and the defendant be held entitled to forfeit only the sum of Rs.50,000/-.

3. The facts of the case are that the def