THE HON’BLE SRI JUSTICE K.C.BHANU W.P.NO.33016 OF 2010 ORDER This writ petition is filed seeking to declare the action of the respondent in not refunding the amount of Rs.7,750/- paid towards earnest money deposit and security deposit in respect of Letter of Acceptance bearing Roc.No.4270/05-E2, dated 24.5.2007 as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently to direct the respondent to pay an amount of Rs.7,750/- forth with. The brief facts of the case are that the petitioner is a proprietorship firm carrying on its business of supply of survey, scientific & electrical equipments for the last 20 years to various Government and private sector departments. The respondent-Municipality invited tender vide Tender Notice bearing No.40/BHI/APUSP/CMAPP- COMPONENT/DB-E1, dated 12-6-2006, for supply of Water Quality Lab Equipment. The petitioner submitted its tender along with earnest money deposit of Rs.3,100/- and the same was accepted by the respondent vide letter of acceptance dated 24-5-2007 and that the petitioner was asked to execute agreement by paying security deposit amount of Rs.4,650/- which the petitioner paid. The petitioner executed the work order and the respondent paid the amount of Rs.2,12,413/-. Once the tender is accepted and supply is executed and after expiry of warranty period of one year, the petitioner is entitled to receive back earnest money deposit and security deposit. The supply was effected as long back during the year 2007 itself and warranty period also is over and there is no complaint whatsoever from the respondent during the warranty period or thereafter till date. Hence, the writ petition. Learned counsel for the petitioner contends that the petitioner has executed the works and after completion of the same, the respondents have not returned the earnest money deposit and security deposit amount to the petitioner. Learned Standing Counsel appearing for the respondent contends that appropriate decision will be taken by the respondent on the representation of the petitioner. The factual matrix is not in dispute. In terms of the contract, the petitioner executed the works and after completion of the same, the earnest money deposit and security deposit amounts have not been refunded to the petitioner. Therefore, the writ petition is disposed of directing the respondent to take appropriate decision for refunding of the earnest money deposit and security deposit amounts to the petitioner and pass necessary orders within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________ K.C.BHANU,J rkk Dated: 16-11-2011