Piyush Mathur, J.

1. Petitioner S.R.S. Infra Project Private Limited has challenged the order of forfeiture of the Earnest Money Deposit (EMD) by the respondent-Gwalior Development Authority (GDA), in relation to a tender invited by the Gwalior Development Authority, for the construction of Madhav Plaza Commercial Complex, situated at Huzarat Road, Gwalior by its Tender Notice dated 30-7-2009, wherein the estimated cost of the project was Rs. 32 crores and the bidders were required to deposit the amount of Rs. 16 lacs as Earnest Money Deposit.

2. Shri N. K. Gupta, Learned Counsel for the petitioner has demonstrated that S.R.S Infra Project Private Limited is a Company registered under the Companies Act which has submitted its Tender, pursuant to the NTT Dated 30-7-2009 published by the Gwalior Development Authority for construction of Madhav Plaza Commercial Complex and as per the terms and conditions of the Tender Notice (Annexure P/4) the petitioner-Company has submitted the bid in three independent envelops, as per the procedure prescribed in the Tender Notice, which contains provision for placing the Earnest Money Deposit, Technical bid and Financial bid in separate envelops