Judgment : S.V. Gangapurwala, J. 1. The present petition stems up against the action of respondent Nos. 2 to 4 forfeiting earnest money deposit of Rs. 8,00,000/- of the petitioner. 2. The respondent No. 2/corporation floated tenders inviting the offers for the purpose of collecting toll. The petitioner firm submitted its offer. As per the terms of the tender the offerers were required to deposit Rs. 8,00,000/- in the form of demand draft as earnest money deposit. The petitioner submitted offer of Rs. 1,99,71,577/- for collection of toll at Rotegaon on Shiur-Shrirampur road for a period of 90 weeks. The offer of the petitioner firm was highest. Vide letter dated 20th March, 2002, the respondents communicated acceptance of the offer of the petitioner for a period of 52 weeks. Vide letter dated 04.04.2002, the respondents intimated the petitioner firm that as the petitioner failed to pay performance security and security deposit within the stipulated time, the earnest money deposit of Rs. 8,00,000/-stood forfeited to the M. S. R. D. C. Ltd. Mumbai. After exchange of legal notice and reply, the present petition is filed. 3. Mr. Suryawanshi, the learned counsel during the course of his strenuous arguments submits that, the tender inviting offers suggested the contract period to be 90 weeks. Considering the tender notice and corrigendum, the offer was submitted by the petitioner of Rs. 1,99,71,577/-and had also submitted earnest money deposit of Rs. 8,00,000/-. However, while issuing letter of acceptance dated 20.03.2002 it was stated that the appointment of the petitioner as contractor for collection of toll at approved rate for a period of 52 weeks from the date of authorization of the competent officer has been accepted. The petitioner had offered amount of Rs. 1,99,71,577/-keeping in mind the period of contract for 90 weeks as per the tender notice. As the letter of acceptance issued by respondents for the amount offered by the petitioner was only for 52 weeks, the offer of the petitioner cannot be said to have been accepted and as such, no question arises of the petitioner giving a bank guarantee and performance guarantee, nor the respondents can get a right to forfeit the amount. The petitioner is entitled for the refund of the same. 4. Mr. S. V. Adwant, the learned counsel for respondent/corporation during the course of his erudite arguments canvassed following propositions: i) The offer of the petitioner was accepted. The petitioner is entitled for the refund of the same. 4. Mr. S. V. Adwant, the learned counsel for respondent/corporation during the course of his erudite arguments canvassed following propositions: i) The offer of the petitioner was accepted. The petitioner gave offer pursuant to the tender notice. As per the tender notice the contract period is 90 weeks. ii) In the letter of acceptance a mistake occurred in which it was stated that, the same is for a period of 52 weeks. The letter of acceptance will have to be read as a whole. Vide the same acceptance letter, the petitioner was directed to give a bank guarantee of an amount equivalent of 5% of the sum of Rs. 1,99,71,577/-. This would show that, the offer of the petitioner was accepted. iii) Even vide letter dated 26.03.2002, the petitioner was directed to give security deposit of Rs. 1,98,580/- and the same should be for a period of 26 months which is equivalent to 90 weeks. iv) Writ petition was filed by one M/s. Huma Constructions bearing Writ Petition No. 794/2002. In the said writ petition affidavit in reply is filed by present respondent clearly suggesting that the petitioner's offer has been accepted. All these facts would go to show that the offer of the petitioner has been accepted and the same was for a period of 90 weeks. v) According to the learned counsel in writ jurisdiction the petitioner cannot get redressal in respect of breach of contract. The learned counsel relies on the judgments of Apex Court in a case of Bareilly Development Authority and another Vs. Aji Pal Singh and others reported in (1989) 2 SCC 116 , in a case of National Highways Authority of India Vs. Ganga Enterprises and another reported in (2003) 7 SCC 410 and in a case of Rajasthan State Industrial Development and Investment Corporation and another Vs. Diamond & Gem Development Corporation Ltd. and another reported in (2013) 5 SCC 470 . vi) The learned counsel submits that, even otherwise, the petitioner could have approached the respondents to seek clarification. The petitioner failed to get the clarification from the respondents. Now cannot blame the respondents for forfeiture of the earnest amount. vii) According to the learned counsel, forfeiture of the amount is completely a different aspect. vi) The learned counsel submits that, even otherwise, the petitioner could have approached the respondents to seek clarification. The petitioner failed to get the clarification from the respondents. Now cannot blame the respondents for forfeiture of the earnest amount. vii) According to the learned counsel, forfeiture of the amount is completely a different aspect. The petitioner gave his offer on condition that earnest money will be forfeited for not entering into contract, as such he has no right to claim return of earnest amount. The earnest money is given and taken to ensure that the contract comes into existence. viii) According to the learned counsel, if a mistake is committed by a party, the same does not make the contract voidable in view of Sec. 22 of the Contract Act. 5. Before we proceed to advert to the arguments canvassed by the learned counsel for respective parties and appreciate them, it would be appropriate to refer to the tender notice, the offer and the letter of acceptance as under : MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LIMITED MUMBAI TENDER NOTICE Sealed and super scribed offer is invited by Maharashtra State Road Development Corporation Limited., Aurangabad for the purpose to collect Toll on vehicles specified, from eligible persons including firms and companies as per criterion laid down. The blank offer forms shall be issued from Executive Engineer, MSRDC, Aurangabad in the office of Chief Engineer, MSRDC Ltd., Camp Office, Adalat Road, Bankham Bhavan, Aurangabad from 15.11.2001 to 14.12.2001 upt to 16.00 hrs. on all working days during office hours. The competitive offers shall be received by the Superintending Engineer, Maharashtra State Road Development Corporation Ltd., Aurangabad not later than 15.00 hors on 21.12.2001. Name of Work EstimatedRealisationfor contract period Earnest Money ContractPeriod Cost ofBlankoffer sets 1 2 3 4 5 6 1 Collection of toll at ROB at Rotegaonon Shiuer Shrirampur Road Km 23/400. Rs. 322.00 Lakhs Rs. 16.10 Lakhs in the form of Demand Draft payable at Aurangabad in favour of Maharashtra State Road Development Corporation Ltd. 90 Weeks Rs. 4000.00 per set payable as abobe. 1. The net worth of the offerer shall be Rs. 28.00 Lakhs and annual turnover shall be Rs. 93.00 lakhs in any one year in the last three years for work at Sr. No. 1. 2. 4000.00 per set payable as abobe. 1. The net worth of the offerer shall be Rs. 28.00 Lakhs and annual turnover shall be Rs. 93.00 lakhs in any one year in the last three years for work at Sr. No. 1. 2. Prebid meeting will be held on 1.12.2001 in the office of the Chief Engineer, M.S.R.D.C. Camp Office, Adalat Road, Bandhkam Bhavan, Aurangabad. 3. Detail Offer notice inviting offers is available in the Office of the M.S.R.D.C. Camp Office, Adalat Road, Bandhkam Bhavan, Aurangabad. 4. The validity period of the offers will be (90) ninety days fromt he date of submission of the offer. 5. Right to give preference or accept or reject any or all the offers without assigning any reason is reserved by Maharashtra State Road Development Corporation Limited. 6. The Contractor should make well conversant with himself regarding eligibility and qualification criteria as prescribed in para 2.0 of contract document, Volume 1. 7. For more details, contact on phone number 0240/349830/349831. Fax. 0240/349501. Executive Engineer, MSRDC Ltd., Aurangabad Competent Officer Signature of Contractor. ***** MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LIMITED, Nepean Sea Road, Priyadarshini Park, Mumbai – 400 036. Tel. 0223686112, Fax : 0223684943 CORRIGENDUM NO. The tender notice already published in this paper on 14/11/2001 for the work of collection of toll at ROB at Rotegaon on Shiuer Shrirampur Road. The following changes are made – 1. The estimated realisation of the work will be Rs. 159.52 lakhs 2. Earnest Money Deposit will be Rs. 8.00 lakhs 3. Annual turn over of the offer shall be Rs. 49.00 lakhs 4. The net worth of the offer shall be Rs. 13.82 lakhs 5. The prebid meeting will be held on on 18/12/2001 6. Last date for sale of tender forms extended upto 29/12/2001 7. Date of receipt of offers shall be 08/01/2002 All other matter remains unchanged. INFORMATION TO OFFERERS 1. NAME OF THE WORK/PROJECT Offer for appointment of contractor for collection of Toll at ROB at Rotegaon on Shiuer Shrirampur Road Km. 23/400 state highway No. 47, Tq. Vaijapur, Dist. Aurangabad. 2. Authorized representative of Maharashtra State Road Development Corporation Ltd. Mumbai. Executive Engineer, M.S.R.D.C. Ltd., Camp Office, Aurangabad. 3. Offer No. 4. --- 4. Estimated realization of toll for contract period Rs. 159.52 Lakhs. 5. Contract period. 90 Weeks. 6. Minimum Annual Turnover of individual/firm Rs. 49.00 Lakhs. 7. 23/400 state highway No. 47, Tq. Vaijapur, Dist. Aurangabad. 2. Authorized representative of Maharashtra State Road Development Corporation Ltd. Mumbai. Executive Engineer, M.S.R.D.C. Ltd., Camp Office, Aurangabad. 3. Offer No. 4. --- 4. Estimated realization of toll for contract period Rs. 159.52 Lakhs. 5. Contract period. 90 Weeks. 6. Minimum Annual Turnover of individual/firm Rs. 49.00 Lakhs. 7. Net worth of Offerers shall not be less than Rs. 13.82 Lakhs. 8. Bank Authorized by the Corporation Indian Bank Branch Aurangabad. 9. Date, time and place of issue of offer documents. Date :15.11.2001 to 29.12.2001 upto 16 hours. Time :All working days, Place : Chief Engineer Office, M.S.R.D.C. Ltd., Camp Office, Aurangabad. 10. Date, time and place of prebidMeeting. Date :18.12.2001.Time :16.00 hrs. Place Office of the MSRDC Ltd., Camp Office, Adalat Road, Bandhkam Bhavan, Aurangabad 11. Date, time and place of submission of offer. Last Date : 08.01.2002.Time Not later than 15 hrs. Place : Superintending Engineer Office, M.S.R.D.C. Ltd., Camp Office, Aurangabad. 12. Date, time and place of openingofoffer. Date :08.01.2002.Time 16 hrs. (if possible). Place : Superintending Engineer Office, M.S.R.D.C. Ltd., Camp Office, Aurangabad. 13. Earnest Money Deposit. Rs. 8.00 Lakhs in the form of Demand Draft Payable at Aurangabad in favour of Maharashtra State Road Development Corporation Ltd. Signature of Contractor Competent Officer 14. Amount of Security Deposit 5% of the offer amount to the offerer for the 98 weeks. 15. Amount of Performance Security and the form in which it is to be deposited. 5% of the offer amount of the offerer of the 98 weeks in the form of bank guarantee of any Nationalized/Scheduled bank in favour of Maharashtra State Road Development Corporation Ltd., Mumbai. 16. Designation of Competent Officer appointed by the Corporation. As decided by the Corporation. 17. Designation of officers in charge of the Project Executive Engineer, M.S.R.D.C. Aurangabad. Supdt. Engineer, M.S.R.D.C. Aurangabad. Chief Engineer, M.S.R.D.C. Aurangabad. 18. Name of the Bank & Account No. of the Corporation for remittance of toll amount. Indian Bank, Aurangabad, Collection Account. 19. Specified Information : The contract period or toll station will be or 90 weeks. The offerer has to quote total sum for 90 weeks for toll station. The offerer shall quote offers in the form of offer as mentioned above. The offerer offering to pay highest toll amount for contract period will be declared as successful offerer. 19. Specified Information : The contract period or toll station will be or 90 weeks. The offerer has to quote total sum for 90 weeks for toll station. The offerer shall quote offers in the form of offer as mentioned above. The offerer offering to pay highest toll amount for contract period will be declared as successful offerer. Toll collection period means the period for which Contractor will be authorized to collect toll. Signature of Contractor Competent Officer ***** FORM OF OFFER Sr. No. ________ Full Name M/s Abhay Construction Age :Years—Address-At Post Khullod, Tal. Sillod, Dist. Aurangabad. Correspon-Gramni Police Station; Ist Flor. Shivaji Nagar, Sillod, Dist. A'bad. (i) Telephonic Address, if any 92523204. (ii) Telephone Number, if available 92523204. To, Subject: Offer for appointment as Contractor for collection of toll at approved rates on all specified vehicles, trailers drawn by such vehicles at --- Sir, 1. Pursuant to the Notice inviting Offer No. -- dated --- issued on behalf of the Maharashtra State Road Development Corporation Ltd., Mumbai. I/We hereby submit my/our offer for being appointed as your Contractor for a period of 90 weeks from the date of authorization therefore by the MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LTD., MUMBAI for collection of toll at approved rates on all specified vehicles and trailors drawn by such vehicles passing over the location/section of roads as specified in Volume II of the offer document. 2. For toll station I/We offer sum of Rs. 1,99,51,577/- (Rupees “HINDI” only) as and by way of Our offer as your Contractor for collection of toll on the said section of road/project during the period of 90 weeks. 3. I/We have thoroughly read and understood the Instructions to the offerers offer for being appointed as your Contractor for the aforesaid purpose and the Terms and Conditions of contract which is token thereof have been signed by me/us and I/We hereby agree to duly abide by them. We have studied the traffic volume and made our own assessment of traffic including frequent and non frequent travellers. 4. I/We to keep my/our this offer open for acceptance the Corporation upto 90 days after the last date of receipt of offer and agree not to revoke our offer at any time, during such period. I/We shall be bound by the communication of acceptance of this offer dispatched by the Corporation within the aforesaid time. 5. 4. I/We to keep my/our this offer open for acceptance the Corporation upto 90 days after the last date of receipt of offer and agree not to revoke our offer at any time, during such period. I/We shall be bound by the communication of acceptance of this offer dispatched by the Corporation within the aforesaid time. 5. As required by the Terms and Conditions of offer I send the Earnest Money in envelope No. 1 of Rs. 800000 (Rs. Eight Lace-only) being the amount equal to the 5% of estimated relization of the contract period by a demand draft No. 1732820 Dated 7 Jan—2002 drawn by State Bank of Indore Nationalized/scheduled Bank payable at Aurangabad payable at Aurangabad in favour of the Maharashtra State Road Development Corporation Ltd. In the event of my/our this offer being accepted by the Corporation. I/We agree to duly furnish the performance security and Security Deposit to Corporation within the period prescribed therefor and execute the agreement as and when called upon so to do. The names and address of the partners of our Firms/Directors of our company are as follows: Name Address 1. WaghNanasaheb Bajarao At Khullod Post Tal. Sillod Dist. Aurangabad. 2. WaghPrabhakar Bajarao At Khullod Post Tal. Sillod Dist. Aurangabad. 3. WaghAnnasaheb Bajarao At Khullod Post Tal. SillodDist. Aurangabad. 4. WaghManikrao Bajarao At Khullod Post Tal. SillodDist. Aurangabad. A copy of our Deed of partnership duly certified as true is enclosed. OR A copy Memorandum of Association and Articles of Association of our company is enclosed. Our Company is a Private/Public Limited Company registered under the Indian Companies Act 1913/the Companies Act 1956 and its registered office is situated at Aurangabad. A copy of the print of memorandum and Articles of Association of our company duly certified as true is enclosed in envelope. No. 1. Yours faithfully, DATE / / Name : Signature of Offerer Address: Capacity in which signing Sd/ Signature of Contractor Competent Officer ***** BY R. P. A. D. LETTER OF ACCEPTANCE OF OFFER Maharashtra State Road Development Corpn. Ltd. (A Govt. of Maharashtra Undertaking) No. MSRDC/I.B. 77/ Date :20/03/2002. To, M/s Abhay Constructions, Sillod, District Aurangabad Sub: Appointment as agent for collection of toll at approved rates on all specified vehicles and trailers drawn by such vehicles at Rotegaon on Shiver Shrirampur road at km 23/400. Ltd. (A Govt. of Maharashtra Undertaking) No. MSRDC/I.B. 77/ Date :20/03/2002. To, M/s Abhay Constructions, Sillod, District Aurangabad Sub: Appointment as agent for collection of toll at approved rates on all specified vehicles and trailers drawn by such vehicles at Rotegaon on Shiver Shrirampur road at km 23/400. Ref: Your offer, submitted pursuant the work of appointment as Contractor for collection of toll at approved rates on all specified vehicles and trailers drawn by such vehicles at Rotegaon on Shiver Shrirampur road at Km 23/400. Dear Sir, This is to inform you that your above mentioned offer for appointment as Contractor for collection of toll at approved rates on all specified vehicles and trailors drawn by such vehicles passing over the said section of road/project for a period of 52 weeks from the date of authorization by the competent officer has been accepted by the Corporation on the terms and conditions of contract and forming part of the offer document submitted by you. As you are aware, as per the terms and conditions of contract, you have to pay the Corporation Security Deposit equivalent to the 5% of the offer amount by giving your consent to convert Earnest Money into Security Deposit and paying the difference between the amount of 5% of offer amount and the Earnest money in the form of demand draft payable at Mumbai in favour of "Maharashtra State Road Development Corporation limited". Also you have to give a bank guarantee of an amount equivalent to 5% of the sum of Rs. 1,99,71,577/- which is your "Offer" accepted by the Corporation being the amount of performance security, of any specified bank, which amount is to remain as a Performance Security for due observance and performance of the said terms ad conditions of contract. Also you have to give a bank guarantee of an amount equivalent to 5% of the sum of Rs. 1,99,71,577/- which is your "Offer" accepted by the Corporation being the amount of performance security, of any specified bank, which amount is to remain as a Performance Security for due observance and performance of the said terms ad conditions of contract. Please note that as per the said Terms and Conditions of contract if you fail or neglect to pay to the Corporation within seven days of issue of this letter of acceptance of offer to you, the amount of Security Deposit and furnish performance security and execute the agreement within the specified time, then this contract for your appointment as Contractor shall forthwith automatically stand terminated and thereupon, without prejudice to any other rights and remedies of the Corporation, the amount of Earnest Money paid by you shall forthwith stand forfeited to the Corporation and the Corporation shall be entitled to appoint in your place another Contractor at your risk as to costs and consequences. Sd/ (S. S. Momin)Jt. Managing Director CC: The Chief Engineer, MSRDC Camp Office, Aurangabad for information and necessary action. After furnishing the required Security Deposit and bank guarantee for performance security, the work order at your level may be given to the agency after signing the agreement. ***** 6. This Court vide order dated 08th April, 2003 had disposed of the present writ petition on the ground that as the relationship between the parties is contractual, the grievance can be agitated by the petitioner by filing civil suit in the competent Civil Court having jurisdiction or adopting arbitration proceedings if available. The petitioner had assailed the said order before the Apex Court by filing Civil Appeal No. 4884/2004. The Apex Court observed that, the petitioner is not merely seeking enforcement of contractual rights and the issue involved in the petition can be adjudicated upon by exercise of writ jurisdiction. The matter is remitted to this Court for hearing and decision on merits, by the Apex Court. 7. In the light of the fact that, the Apex Court has remitted the matter for deciding it on merits, this Court is bound to consider and decide the matter on merits. As such, the judgments referred supra by Mr. The matter is remitted to this Court for hearing and decision on merits, by the Apex Court. 7. In the light of the fact that, the Apex Court has remitted the matter for deciding it on merits, this Court is bound to consider and decide the matter on merits. As such, the judgments referred supra by Mr. Adwant, the learned counsel for the respondent/Corporation to buttress his submissions with regard to tenability of the writ petition on the ground that the petitioner is agitating its rights under the contract cannot be considered. 8. There cannot be any dispute with the proposition that a 'tender' is an invitation to offer i. e. inviting offers from the public. Pursuant to the tender floated by the respondent, the petitioner has submitted its offer. It is for the respondents to accept the offer. The petitioner had given the proposal/offer. For the offer to culminate into a promise, the acceptance has to be absolute and unqualified as per Sec. 7 of the Contract Act. 9. In the present matter, the tender notice i. e. invitation to offer clearly stipulates down that the contract period would be 90 weeks. The offer was also given by the petitioner for an amount of Rs. 1,99,71,577/- as a contract for collection of toll on the said section of the road for a period of 90 weeks. However, the letter of acceptance issued by the respondent on 20.03.2002 accepted the offer for Rs. 1,99,71,577/-, but for a period of 52 weeks only. The said letter of acceptance cannot be said to be absolute. In fact, the said letter of acceptance of offer would be a counter offer. The said counter offer given by the respondent by way of letter of acceptance was never accepted by the petitioner. 10. If the acceptance is not absolute or introduces new terms or new contract period, it does not create contractual relationship. Such an acceptance would revoke the offer. It becomes a counter offer/proposal which may become a contract on terms offered by a offeree if the proposer accepts it. Otherwise such an acceptance would revoke the offer/proposal. Inter alia would not create any reciprocal rights or obligations. In the light of that, promise had never come into existence, no contractual relations between the parties came into existence. It becomes a counter offer/proposal which may become a contract on terms offered by a offeree if the proposer accepts it. Otherwise such an acceptance would revoke the offer/proposal. Inter alia would not create any reciprocal rights or obligations. In the light of that, promise had never come into existence, no contractual relations between the parties came into existence. As the offer was not accepted by the respondents in the same sense as it was given by the petitioner, there was no acceptance so as to culminate the proposal/offer into a promise. No relationship of promissor and promisee between the parties was formed. As the proposal/offer of the petitioner was not accepted in the same terms as given by the petitioner, there was no consensus ad idem between the parties and the contract never came into existence. As per Sec. 2(h) of the Contract Act, an agreement enforceable by law is a "contract" and as per Sec. 2(e) of the Contract Act, every promise and every set of promises forming the consideration for each other is an "agreement". For an agreement there has to be a promise and the proposal/offer culminates into a promise only if the acceptance of the offer is absolute and unqualified. 11. If the new terms in the letter of acceptance are trivial or it contains statements which do not intend to vary the terms of the offer, then still said 'acceptance' will have legal effect. Immaterial or minor variances between the offer and acceptance will not prevent formation of contract. However, in the present matter, the invitation to offer on the part of the respondents was for contract period of 90 weeks. The offer/proposal given by the petitioner was also for 90 weeks, but, the letter of acceptance given by the respondent/corporation to the petitioner was for a period of only 52 weeks. The period of contract itself was varied in terms of acceptance. The same was not a trivial, minor or immaterial variation. The offer to pay Rs. 1,99,71,577/-to respondent was given by petitioner on premise that petitioner would collect toll for 90 weeks. Vide the letter of acceptance, the respondent accepted amount of Rs. 1,99,71,577/-, but only for 52 weeks i. e. petitioner should collect toll for 52 weeks only. The said variation in the duration of the contract period is substantial to the prejudice and detriment of the petitioner. 12. Vide the letter of acceptance, the respondent accepted amount of Rs. 1,99,71,577/-, but only for 52 weeks i. e. petitioner should collect toll for 52 weeks only. The said variation in the duration of the contract period is substantial to the prejudice and detriment of the petitioner. 12. The said acceptance being not absolute could not convert the proposal/offer into a promise, inter alia no agreement came into existence much less a contract. The offer given by the petitioner was not accepted absolutely, in the same manner and in the same sense. As the promise had not come into existence, the respondent did not get any right to demand any amount towards the performance guarantee and security deposit to the extent of 4% and 5% respectively. So also the respondent did not get any right to forfeit the amount of earnest money deposit on the ground that the petitioner has failed to give the performance guarantee of the security deposit. The act of the respondents in forfeiting the earnest money deposit of Rs. 8,00,000/- on the said count is arbitrary and illegal. 13. As the letter of acceptance very categorically and specifically laid down that the offer is being accepted for a period of 52 weeks, it would be futile to look to the other documents such as the affidavit filed in another writ petition in which it was said that the offer of the petitioner is considered as the highest. The language of letter of acceptance does not admit of any other interpretation and specifically refers to accepting the offer of the petitioner for a period of 52 weeks only. Interpreting the letter of acceptance in any other manner would be rewriting the term of the letter of acceptance which is not permissible. 14. The Apex Court in a case of Rajasthan State Industrial Development and Investment Corporation and another Vs. Diamond & Gem Development Corporation Ltd. and another referred supra and relied by the learned counsel for the respondent/corporation held that, terms or nature of contract are not to be varied/altered while interpreting the same. The contract has to be construed strictly without any outside aid. The same proposition would apply to the letter of acceptance. The same will have to be construed strictly without any outside aid. The contract has to be construed strictly without any outside aid. The same proposition would apply to the letter of acceptance. The same will have to be construed strictly without any outside aid. As such, construing the letter of acceptance issued on the part of the respondent as it is the only irresistible conclusion that can be drawn is that the amount offered by the petitioner for period of 90 weeks in its proposal pursuant to the invitation to offer i. e. the tender floated by respondents was accepted for a period of 52 weeks by the respondents. In the light of that, the letter of acceptance tantamounts to counter offer and as such cannot be said that the said acceptance converts the proposal into a promise. 15. The respondents did not get any right or authority to forfeit the earnest money deposit, as the petitioner was not at fault and it is the respondent who on its own volition did not give the letter of acceptance in the same manner as the offer was given i. e. for the period of 90 weeks. 16. In the light of the above, the writ petition is allowed. The respondent Nos. 2 to 4 shall pay back the earnest money deposit of Rs. 8,00,000/-(Rs. Eight Lacs only) to the petitioner with interest at the rate of Rs. 6% per annum from 01.10.2002 till the date of realisation. Rule accordingly made absolute in above terms. No costs.