IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 793 OF 2008 M/S. JAMES ELECTRICALS THROGUH ITS PROPRIETOR JAMES ANDRADE ... Petitioner Versus STATE OF GOA THROUGH THE CHIEF SECRETARY AND 6 ORS., ... Respondents Mr. Amey Kakodkar, Advocate for the Petitioner. Mr. V. Rodrigues, Addl. Govt. Advocate for Respondents No. 1 & 2. Coram:- P. B. MAJMUDAR & N. A. BRITTO, JJ. Date:- 12th January, 2009 P.C.: By filing this petition, the petitioner has challenged the action of the respondents in giving relaxation contrary to the clause 2 of the tender conditions. 2. Today, at the time of hearing this petition, learned Additional Government Advocate has submitted that department has already taken decision not to act on the basis of tender in question and that fresh tenders will be invited again for the purpose of giving contract for the subject matter in the petition. Since the department is not going to proceed on the basis of the tenders invited, nothing further is required to be done in this matter. 3. On the basis of fresh tenders all eligible persons including the present petitioner can apply. Learned Counsel appearing for the petitioner submitted that in that case respondents no. 1 and 2 should be directed to refund his EMD as well as costs of tender, which according to learned Counsel is Rs. 2,500/-. Respondents no. 1 and 2 are directed to refund EMD including costs of tender to the petitioner within a period of one week from today. 4. In view of what is stated above, writ petition is disposed of with no orders as to costs. P. B. MAJMUDAR, J. N. A. BRITTO, J. NH