Petitioner has approached this Court seeking for a direction to respondents 1 and 2 to refund the Earnest Money Deposit (EMD) of Rs. 11,24,500/- remitted by the petitioner in respect of tender for improvements to Vazhoor- Puliyannoor road. The petitioner is an unsuccessful tenderer and therefore once the tender is not awarded in their favour, they are entitled to get refund of the EMD. Proceedings had been completed as early as on 31.10.2013. When the EMD was not refunded till now, this writ petition is filed. 2. The learned Government Pleader, on instructions, would submit that the respondent authorities had informed the matter to the NIC authorities who is handling the on line system.
3. In fact, when EMD is remitted by the petitioner online to the bank nominated under the tender, and when the tender is not accepted, he is entitled to receive back the EMD or any other amount deposited in advance. The 1st respondent cannot shirk out from the obligation to refund the said amount by stating reasons which have no basis at all.
4. Under these circumstances, there will be a W.P( C) No. 11542 of 2014 -: 2 :-
direction to the 1st respondent to make arrangements to refund to the petitioner the EMD of Rs. 11,24,500/- within two weeks from the date of receipt of a copy of this judgment, failing which the petitioner will be entitled for interest on the said amount @ 12% p.a. from this date.
The writ petition is disposed of as above.
Sd/- A.M. Shaffique, Judge.
Tds/