S.B. Sinha, J. - (1.) Both these appeals having arisen from the common judgment and order dated 1-4-1999 passed by a learned Single Judge of this court were heard together and are being disposed of by this common judgment.
(2.) The fact of the matter shortly stated is as follows:- The Food Corporation of India issued a notice inviting tender on or about 13-9-1990 for purchase of damaged food grains categorised fit for cattle feed etc. Both Ramavatar Agarwal (Ramavatar) and M/s. Makali Trading Co. (Makali) submitted their offers pursuant to the said notice inviting tender. In relation to a portion of the tendered quantity Makali became the highest bidder.
(3.) Ramavatar filed a writ application in this court without impleading Makali, inter alia, on the ground that latter had not deposited the requisite amount of earnest money i.e. a sum of Rs 5 lakhs which was condition precedent for acceptance of the tender. Admittedly in respect of the tendered quantity for purchasing the food grains Makali was required to deposit a sum of Rs. 5 lakhs by way of earnest money whereas it deposited merely a sum of Rs. 3 lakhs. It was called upon to deposit a further sum of Rs. 2 lakhs by the Food Corporation of India which was complied with.;