JUDGMENT

Sanjeev Sachdeva, J. - The hearing was conducted through video conferencing.

2. Learned counsel for respondent submits that reply to CM Application No.13915/2021 has been filed vide diary No. E-380690/2021 on 22.05.2021. However, the same is not on record, but a copy has been furnished on the e-mail of the Court Master. The same is taken on record. The Registry is also directed to place the reply on record.

3. Learned counsel submits that the reply along with its documents be read in addition to the short reply to the writ petition filed by the respondents.

4. Petitioner impugns termination letter dated 18.08.2020, whereby the contract awarded to the petitioner has been rescinded on the ground that he has failed to submit the requisite performance guarantee even after 60 days from the issue of Letter of Award (LOA) i.e. 03.01.2020 and further, every member/partner as an individual or as a partnership firm/joint venture has been debarred from participating in the re-tendering process and the earnest money deposit forfeited.

5. Learned counsel for the petitioner submits that the termination is bad in law inasmuch as the performance guarantee was submitted on the 60th day and not