IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 9961 of 2008(J) ------------------------- PETITIONER: ------------ 1. K.J.JOSEPH,S/O.JOSEPH, KARIMODOM P.O. KADUMENI, (VIA) CHERUPUZHA,HOSDURG TALUK KASARGOD DISTRICT. 2. SEBI JOSEPH,S/O.JOSEPH, KARIMODOM P.O. KADUMENI, (VIA) CHERUPUZHA,HOSDURG TALUK KASARGOD DISTRICT. BY ADV. SRI.C.C.ABRAHAM SMT.K.A.ANGEL TREENA RESPONDENTS: ------------- 1. THE CHIEF ENGINEER (TC.M &M) KERALA STATE ELECTRICITY BOARD,VYDUTHY KOLLAM PATTOM P.O., THIRUVANANTHAPURAM 695 004 2. THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VYDUTHY KOLLAM PATTOM P.O. THIRUVANANTHAPURAM 695 004 3. SECRETARY TO GOVERNMENT OF POWER 7 ELECTRICITY,SECRETARIAT, THIRUVANANTHAPURAM. BY GP. SRI. I.V. PRAMOD SRI.P.P.THAJUDEEN, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 9961 OF 2008 = = = = = = = = = = = = = Dated this the 9th day of June, 2008. J U D G M E N T Counsel for the petitioner absent. This case was being adjourned from 25.3.2008 onwards at the instance of the petitioner. Petitioners have participated in a tender and quoted their price. On opening the tenders, it was found that the petitioner's rates were the lowest. But they sought to withdraw from the tender. Therefore EMD submitted by them was forfeited. The same is under challenge in this writ petition. Petitioners submit that it is only because of a mistake committed in calculation that the amounts became lowest and they would not be able to execute that contract at that rate. Therefore they seek refund of the EMD. The tender conditions stipulate that once tender has been submitted, after expiry of the date fixed for withdrawal of the same, the tenderer cannot withdraw the same. Admittedly, the petitioner did not withdraw the tender before the date fixed for the same. That being so, the petitioner cannot now claim refund of EMD on the ground that they committed a mistake in the tender. Therefore I do not find any merit in the writ petition and accordingly the same is dismissed. S.SIRI JAGAN, JUDGE bkn/-