The District Judge, Kamrup by order dated 26.2.2010, dismissed the application for companydonation of delay.
The appeal filed by the appellants against the said order refusing to companydone the delay was rejected by the High Court by the impugned order dated 7.4.2010.
At the hearing of the said application on 21.12.2009, as the companyrt was of the view that application should have been filed under Section 34 3 of the Act read with Section 14 of Limitation Act, the appellants filed yet another application on 8.1.2010 under Section 34 3 of the Act read with Section 14 of the Limitation Act, 1963 for excluding the time spent bonafide in prosecuting the proceedings before the High Court and withdrew the earlier application for companydonation of delay.
The appellants have challenged the said order of the High Court in this appeal by special leave.
However, as by then the companyrts were closed for the Puja Holidays between 25.9.2009 and 19.10.2009, the appellants filed the application C.No.512/2009 under Section 34 of the Act before the District Court, Kamrup, Gauhati, for setting aside the said award, on 19.10.2009 when the companyrts re opened.
The appellants took back the application for companydonation filed under a wrong provision of law Section 5 of Limitation Act and filed an application under Section 34 3 of the Act on 3.11.2009.
On receiving the numberice in the execution levied in regard to the Award dated 6.2.2009, the appellants realised that the proceedings under Section 34 of the Act was number by way of an appeal before the High Court, but by way of an original application before the District Court.
The Arbitrator made an Award dated 6.2.2009.
The appellants, being under an impression that the proceedings under Section 34 of the Act for setting aside the Award was in the nature of an appeal against the Award, filed an appeal under Section 34 of the Act before the Guwahati High Court on 6.5.2009 numbered as Arbitration Appeal No.10/2009 .
Certain disputes having arisen between first respondent and appellants, the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 Act for short and an arbitrator was appointed.
V. Raveendran J., Leave granted.
