JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 04.07.2008 passed by the Division Bench of the High Court of Delhi allowing FAO (OS) No.196/2006, setting aside the judgment and order dated 10.02.2006 passed by the Single Judge of the High Court of Delhi in CS(OS) No.1201 of 1993.

3. A Contract for “400 KV Transmission Line Power Package for Rihand – Kanpur – Eta – Kanpur Line” was awarded by National Thermal Power Corporation (hereinafter referred to as “NTPC”) to the appellant herein. Clause 26 of the Contract titled “Arbitration” was to the following effect:-

“26.0 ARBITRATION

26.1 If any dispute or difference of any kind whatsoever shall arise between the Owner and the Contractor, arising out of the Contract for the performance of the Works whether during the progress of the Works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the Engineer, who, within a period of thirty (30) days after being req