JUDGMENT

Satish Chandra Sharma, C.J. (Oral) - The present Letters Patent Appeal ("LPA") is arising out of judgment dated 08.08.2023 passed in W.P.(C.) No. 9736/2023, whereby the learned Single Judge has declined the grant of relief as prayed for in the writ petition which was in respect of refund of Earnest Money Deposit ("EMD") made by the Appellant/Petitioner against the tender No. MCF/CMG/BH/ETN-08/2019-20 dated 09.07.2019 issued by Respondent No. 3 ("Subject Tender").

2. The facts of the case reveal that the Appellant before this Court - a public limited company, incorporated under the Companies Act, 1956, participated in the Subject Tender. The Subject Tender was issued for the work of construction of pre-engineered steel building for LEOP Control Centre ("LCC") for Master Control Facility at Bhopal including Civil, PH, Electrical, Air-Conditioning and allied works. The Appellant submitted its bid on 25.07.2019 and also deposited the EMD of Rs.28,02,000/- vide FDR No.530401038029902 dated 22.07.2019 as required by the Subject Tender.

3. The Appellant's contention is that after submission of the bid, the Appellant realized that it has committed an inadvertent clerical mistake, whe