IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10587 of 2009 SUNIL KUMAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 3 9.9.2009 Heard the learned counsel for the parties. In the instant writ application the petitioner prays for a direction to the respondents to refund of the amount of Rs.1,00,000/- deposited as earnest money with 12% interest. The petitioner states that he was unsuccessful bidder in respect of the tender which was finalized on 10.12.2008. By letter dated 28.11.2007 tender was issued by respondent no.1 for appointment of transport –cum handling agents for transportation and handling of food grains within different districts of Bihar. A photo copy of tender dated 28.11.2007 is contained in Annexure-1. The petitioner submits that he deposited Rs.1/- lac by way of Bank Draft No.009473 dated 8.12.2007 of Central Bank of India. He was unsuccessful bidder and as such he was entitled to refund of the same. Learned counsel appearing for the Corporation submits that the tender money is kept intact and generally not refunded, as the same is adjusted if contractor participates in future tender. It appears that the District Manager of Bihar State Food and Civil Supplies Corporation Ltd. Bettiah, had written letters to respondent no.5 to seeking authorization for release of the earnest money. 2 This Court is of the view that earnest money deposited by any unsuccessful tenderer should be refunded without much delay, unless he makes a representation requesting the authority to retain the same for being adjusted against future tender. Thus I direct the Corporation to refund the earnest money refund. The Corporation would be also liable to pay a composite sum of Rs.4000/- towards interest for delayed period. The aforesaid amount must be given to the petitioner within six weeks from the date of receipt/production of a copy of this order. With the aforesaid observation and direction this writ application is disposed of. Anilkrsinha (Samarendra Pratap Singh, J.)