ORDER Permod Kohli, J. 1. N.I.T. was issued inviting open tender for preparation of documentary on Non-Conventional Energy. Petitioner was one of the tenderers along with others. According to the petitioner, he was asked to prepare a sample documentary, which was prepared incurring cost and deposited with the respondents for their consideration. However, till date the respondents have not taken any decision to accept the tender of the successful tender, including the petitioner. Petitioner accordingly, has come to this Court seeking a direction to finalize the matter in pursuance of the N.I.T. and also to pay the cost of documentary, prepared by it, amounting to Rs. 50,508/- and also to refund the earnest money of Rs. 5,000/-. 2. In paragraph No. 16 of the counter affidavit filed by respondent No. 5, it is stated that the tender, in question, was cancelled and information was displayed on the notice board, besides it was communicated to each one of the tenderers on telephone. 3. Learned Counsel appearing for the petitioner, has denied the receipt of information cancellation of tender through telephone. 4. Be that as it may, the fact remains that the tender as a whole has been cancelled and, thus the respondents cannot be compelled to accept the tender. In so far the question of cost of sample documentary is concerned, there is no such condition in the N.I.T. that the cost towards preparation of sample documentary shall be incurred by the department. If samples are asked for, it is for the tenderers to provide the sample. Therefore, I do not find any basis for directing the respondents to pay the cost incurred in preparation of the documentary sample. 5. In so far as the other prayer of the petitioner for refund of earnest money is concerned, respondents having cancelled the tender as a whole, are not entitled to retain the earnest money. The amount of earnest money, thus, shall be refunded with interest at the rate of 6% per annum from the date of deposit till the amount is paid. 6. The writ petition stands disposed of accordingly.