Abdul Hadi, J. - (1.) THIS writ appeal is against the order dated 26.2.1992 of Bakthavatsalam, J. in W.P.No.2605 of 1992, filed by the appellant against the Authorities of Neyveli Lignite Corporation. The writ petition is for the issue of writ of mandamus forbearing the said Corporation from taking any action in the matter of the right of retrieval of carbonaceous material flowing out from B and C drain belonging to them in pursuance of the letter dated 11.2.1992 issued by the Corporation.
(2.) THE petitioner-appellant has been conferred with a right of retrieval of the above said material for a period of one year pursuant to his tender. Consequently, the petitioner has paid a sum of Rs.30,000 as earnest money deposit. No doubt, the petitioner-appellant is the highest bidder, his bid being for Rs.41 lakhs plus taxes. THE Corporation accepted the said bid and called upon him by letter dated 12.12.1991 to remit either the full sum or if he desires to pay in monthly instalments, to remit the first monthly instalment and to furnish bank guarantee for the balance. THE appellant having opted to pay in instalments, was given the format of the bank guarantee to be furnished as per the tender notice, on 18.12.1991. THE appellant was given 15 days" time to furnish bank guarantee. He wanted an extension of time by 30 days by his letter dated 30.12.1991. THE Corporation gave another 15 days" time. But, the appellant sought further time of 60 days. THE Corporation, finally by its letter dated 11.2.1992, gave only another extension upto 15.2.1992. In that letter, it is specifically stated that if the appellant fails to do so, the contract would automatically lapse on 15.2.1992 and the above said deposit of Rs.30,000 would also be forfeited. Aggrieved by the said letter, the appellant filed the above said writ petition. The learned Judge disposed of the writ petition at the admission stage as follows: "Taking into account the facts and circumstances of this case and in particular the interest of revenue of the confuction (S.C. Corporation) and the petitioner being the highest bidder, I am of the view, as a last chance, the petitioner may be given time till 7.3.1992 to furnish bank guarantee for a sum of Rs.Fortyone lakhs along with other requisite charges. Accordingly, the respondent is directed to grant time till 7.3.1992 to furnish bank guarantee for the amount specified in the tender conditions along with the requisite other charges. If the petitioner furnishes bank guarantee for the requisite amount on or before 7.3.1992, the same shall be accepted by the respondents. The writ petition is disposed of accordingly." Aggrieved by the said order, the petitioner has preferred this appeal.
(3.) SINCE the next higher bid was very much below the bid of the appellant, we were initially inclined to order notice of motion to the Corporation and the Corporation has entered appearance. The Corporation has also filed its counter in the injunction petition from which alone some of the facts narrated above have been extracted.;