V.S. SIRPURKAR, J.

In this appeal, the appellant challenges the order of the learned single Judge, by which the writ petition filed by the respondent herein was allowed and a direction was issued to the appellant herein to refund the Earnest Money Deposit of a sum of Rs. 1,00,000/-to the writ petitioner, with interest at 12% p.a. from the date of deposit, till the date of payment, within sixty days from the date of receipt of the order.

2. The following facts would be necessary for the disposal of this appeal. A tender was floated by the Tamil Nadu Electricity Board for a huge construction. The petitioner was one of the tenderers. After initial hurdles were crossed by all the parties who had offered their bids in pursuance of the tender notice, it was found ultimately that the petitioner was the lowest tenderer. As contemplated in the tender notice, the petitioner had deposited a sum of Rs. 1,00,000/-as Earnest Money Deposit. This tender was closed on 5-9-1990 and it was only after the petitioner was adjudged to be the lowest tenderer, the petitioner fired his first salvo, which was his letter dated 14-2-1991. In this letter, very significantly, the petitioner requested