[Hearing convened through video conferencing] ORDER VIJAY KUMAR SHUKLA, J. – In the instant petition preferred under Article 226 of the Constitution of India, the petitioner has prayed for refund of Rs. 82,15,000/- Earnest Money Deposit (EMD), which is forfeited by the respondents. Later on, an application for amendment was moved by the petitioner to further challenge the orders dated 28-12-2015 and 22-4-2016, Annexure-P/7 and Annexure-P/9 respectively, whereby the revision/appeal filed by the petitioner under Clause 16 of the Instructions to Bidders and Terms and Conditions governing E-auction [hereinafter referred to as “the IBT”]/Model Tender Form (for brevity “MTF”) was dismissed by the respondents.

2. The facts as have been uncurtained are that the petitioner is a private limited company and is a general merchant commission agent and supplier of wheat and it is based out of the Northern region.

3. On 20-10-2015 the respondents – Food Corporation of India (FCI), Regional Office at Bhopal, issued a tender for sale of wheat to bulk consumers/traders under OMSS (D) through e-auction. The petitioner submitted its bid for 5 railway rakes of wheat from the Railway Stations, namely, (