MC 2224/2007 BEFORE HON’BLE JUSTICE RANJAN GOGOI . Heard Mr. M. H. Rajbarbhuiya, learned counsel for the applicant/respondent No.7. None has appeared on behalf of the O.P./writ petitioner. This miscellaneous application has been filed seeking vacation/modification/alte ration of the interim order dated 9.4.2007 passed by this Court. A reading of th e order dated 9.4.2007 would go to show that interim relief was granted to the w rit petitioner primarily on the strength of the contention advanced that the ten der submitted by the respondent No.4 was not accompanied by the requisite earnes t money. In the affidavit filed by the Deputy Commissioner, Barpeta, in the main writ pet ition it has been categorically stated in paragraph 4 that submission of earnest money was not a pre-condition of the tender notice and that only upon selection of the eligible contractor a requirement is imposed for deposit of 2% of earnes t money on the estimated value of the work. In view of the above stand taken by the Deputy Commissioner, Barpeta, the Court is of the view that there is no basis to continue with the interim order dated 9 .4.2007 passed by the Court. The said interim order, therefore, is vacated. Misc. Case is allowed.