ORDER :

Kalyan Rai Surana, J.

1. Heard Mr. R. Dubey, learned counsel for the petitioner. Also heard Mrs. G. Sharma, learned standing counsel for, the respondents.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the proposed action of the respondents to forfeit the earnest money deposit in form of three call deposits.

3. The undisputed facts are that the petitioner in a joint venture entity. The Chief Engineer (Construction), NF Railways had issued two packet tender notices bearing No. CON/2014/May/03 dated 12.05.2014 for three works, viz., Tender Nos. CE/CON/B- S/EMB/2014/03, CE/CON/B-S/EMB/2014/04, and CE/CON/B-S/EMB/2014/05. Along with the bids, the petitioner deposited three call deposit receipts towards earnest money deposit (hereinafter referred to as 'EMD' for brevity). Although the petitioner was declared to be the lowest bidder, but on the ground that the Memorandum of JV agreement was not submitted and that the joint venture agreement was defective, the contract was not awarded to the petitioner. As the call deposit receipts were not returned despite request made, the petitioner apprehended that the respondents migh