MOOL CHAND GARG,J.

1. This appeal arises out of the order dated 16.12.2006 passed by the ld. ADJ, Delhi, whereby the ld. ADJ allowed the objections filed by the respondent to the award dated 28.01.2005 and directed the respondent to return a sum of `11,10,000/- to the appellant being the bid guarantee amount encashed by the respondent on the plea, that the appellant/contractor failed to perform the terms of the contract as awarded to them on 19.12.2001 by not submitting the performance guarantee within 15 days since 19.12.2001.

2. It is the case of the appellant/contractor that in terms of clause 16.1 of the tender documents, the appellant submitted a bid guarantee of `11,10,000/-, valid for a period of 30 days beyond the validity of the bid. As per clause 16.2, the bid security was required to protect the Employer against the risk of Bidder’s which would warrant the guarantee forfeiture. The Bid Guarantee was made payable to employer without any condition whatsoever.

3. As per the original offer submitted by the appellants, they were to complete the work within a period of 15 months. However, during negotiations the respondent impressed upon them to complete the work withi