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Head Note

The Arbitration and Conciliation Act, 1996  - Section 34

Application for setting aside the arbitral award - Limitation Act - Application for condonation of delay - District Court dismissed application for condonation of delay - High Court affirmed - Appeal - Whether appellants were bona fide and diligently pursuing the remedy before a wrong forum - Appellants stated - They became aware that the appeal was not maintainable before the High Court - Some uncertainty - Appellants filed the application under Section 34 immediately on reopening of court - Without waiting for a formal order of withdrawal - Court held - If the period spent before wrong forum is excluded, the application is filed within three months and there is no question of explaining any delay - Impugned orders of the lower Court set aside - District Court directed to consider the application under Section 34 filed by the appellants in accordance with law - Appeal allowed.

Topic(s)-

Important Decision(s)- Limitation Act - If the period spent before wrong forum is excluded - No question of explaining any delay.