- (1.) The intra-Court appeal is directed against the judgment and order dated 25th September, 2013 whereby the appellant challenge to the cancellation of a tender process by the West Bengal Industrial Development Corporation LTD. (WBIDC in short) was dismissed. The appellant had applied for a plot at Chingrighata in the proposed garment apparel manufacturing centre. The appellant participated in the auction and was found to be the highest bidder in respect of module D-103 and D-104 in the auction. The appellant also made deposit of the earnest money in respect of the said modules. About an year after such auction, by impugned order dated 9th August, 2012, the auction was cancelled and decision was taken to invite fresh bids in respect of such allotment.
(2.) Such decision was challenged before the learned Single Judge. Learned Judge by the impugned order dismissed the writ petition on the ground that the order of cancellation had not prejudiced the appellant. Learned Judge further directed that the appellant would be at liberty to seek refund of the earnest deposit tendered by it along with interest at the rate of 6 per cent per annum from January 1, 2013 payable within a fortnight thereof. The appellant was also give liberty to participate in the fresh tender and seek transfer of the deposited earnest money to his credit in respect of the new tender process, if he chose to participate therein.
(3.) Learned counsel appearing for the appellant submitted that the decision to cancel the earlier auction and to- seek fresh bids was arbitrary, whimsical and not informed with reason.;