1. The petition (i) impugns the communication dated 26th May, 2014 of the respondent Punjab National Bank (Bank) to the petitioner to the effect that upon the failure of the petitioner to pay balance 75% of the bid amount within the prescribed time, the amount deposited by the petitioner till then with the respondent Bank shall stand forfeited; and, (ii) seeks mandamus to the respondent Bank to refund the earnest amount of Rs.40,20,000/- to the petitioner along with interest.

2. The petition came up before this Court first on 28th July, 2014 when the counsel for the respondent Bank appearing on advance notice was asked to obtain instructions whether the respondent Bank was agreeable to refund the amount forfeited. The counsel for the respondent Bank on 19th November, 2014 informed that the respondent Bank was not so agreeable. Notice of the petition was issued and pleadings have been completed. On 18th January, 2016 when the petition came up for hearing, attention of the senior counsel for the petitioner was invited to the order dated 18th March, 2015 of the Supreme Court in Civil Appeal No.3053/2015 titled National Highways Authority of India Vs. MEIL-EDB LLC (JV) quoted