G. P. Mathur, J. - (1.) Leave granted.
(2.) These appeals have been preferred against the judgment and order dated 21-3-2005 of a Division Bench of Calcutta High Court by which the appeals preferred against the interim order passed by a learned single Judge on 15-3-2005 were allowed and the interim directions contained in the said order were set aside.
(3.) The West Bengal State Electricity Board (for short Electricity Board) issued a notice on 8-3-2005 inviting tenders (for short NIT) for sale of its surplus power to different State Electricity Boards or Power Utilities on short term basis through Power Trading Agencies. Paragraphs 1 and 5 of the notice, which are relevant for the decision of controversy in hand, are being reproduced below: "1. Sealed tenders are invited by the Chief Engineer, Central Commercial Department, West Bengal State Electricity Board, Vidyut Bhawan, 8th Floor, Block-A, Bidhannagar, Kolkata - 700 091 from experienced and interested Traders and Business Enterprises having Power Trading or Clearance from the Central Electricity Regulatory Commission for export of following approximate quantum of power. 5. Mode of deposit of Earnest Money: 5.1 Every quotation must accompany Earnest Money in the Form of Demand Draft or Pay Order drawn on any Scheduled Bank of India in favour of West Bengal State Electricity Board payable at Kolkata amounting to Rs.30,00,000.00 (Rupees thirty lakh) only. The Central/State Government Organization(s) and CPSU(s) PSU(s) are exempted from submission of Earnest Money. 5. 2 Earnest Money shall be refunded to the successful bidder only after opening of irrevocable and revolving LC by the successful bidder and commencement of supply as per Payment Security Mechanism Clause. Earnest Money shall be refunded to the unsuccessful bidder after finalization of Tender. 5. 3 No interest shall be paid by WBSEB on Earnest Money." ;