( 1 ) THIS Appeal from Order is filed by the present appellant - original defendant against the order dated 01. 10. 03 passed by the learned Civil Judge (S. D.), gandhinagar below application Ex. 21 in Regular Civil Suit no. 129 of 2003, whereby the learned trial Judge has allowed the said application Ex. 21 and has directed that on depositing of Rs. 2. 00 lakhs as security by the respondent - original plaintiff, the appellant corporation should refund the amount of security deposit of Rs. 15,50,000 fothwith.

( 2 ) THE brief facts giving rise to this present appeal from order are as under :-2. 1 the appellant is being a Government Company engaged in the work of public distribution system, invited tenders for purchase of 1025 Metric Tonnes ("m. T. " for short) of Bengal gram (whole) to fulfill the requirement of Bengal gram under the Integrated Child development Scheme. The tenders were invited pursuant to the tender notice dated 18. 03. 03 and the tender document contained terms and conditions of bidding. As per the tender document, the gram to be supplied was to be in conformity with the provisions of the Prevention of Food adulteration Act, 1954 ("p. F. A. Act" for s